South Carolina Debt Collection Laws: Smiling Faces. Beautiful Places

Today, The National List published the white paper on debt collection law in South Carolina, written by S. Nelson Weston, Jr., and Adam S. Tesh of Richardson, Plowden, & Robinson, P.A. Since 1973, the firm has provided a complete portfolio of legal services. With a skilled team of more than 30 attorneys covering over 25 practice areas in Columbia, Myrtle Beach and Charleston, they are one of the 20 largest firms in South Carolina. They have been members of The National List since 2009.

S. Nelson Weston, Jr., a shareholder at the firm, received his bachelor’s degree in political science from the University of South Carolina (USC) and his Juris Doctor from the University of South Carolina School of Law. He focuses his practice on banking, bankruptcy and creditors’ rights, business and commercial law, collections law and real estate. He is certified as a specialist in debtor, creditor and bankruptcy law by the South Carolina Supreme Court. He has practiced in consumer debt collection for more than 10 years.

Adam S. Tesh received his bachelor’s in history from Winthrop University and his Juris Doctor from the University of South Carolina School of Law. He has practiced in the area of consumer debt collections for 12 years. His practice of law is 95 percent dedicated to debt collection. His work in the field has taught him, “Most people are more embarrassed by their debts than anything else. A kind word and a few minutes of listening to their difficulties will go a long way toward finding a way to get their difficulties resolved and my clients paid. Finding a way through these difficulties is what I enjoy most about my job.” It sounds like he is responsible for some of the “Smiling Faces” mentioned in the SC state slogan.

Creditors need to know that South Carolina is a Right to Cure State. Failure to properly send a Notice of Right to Cure to a Debtor at least 20 days prior to repossessing a piece of collateral can give rise to a cause of action for conversion against the Creditor. This applies to secured and unsecured loans. Read more about SC Right to Cure laws in the paper.

As of the writing of this paper, there are no licensing or bonding requirements for debt collectors doing business in South Carolina unless they have an office in South Carolina and are not a South Carolina Corporation, in which circumstance they are required to register as a foreign corporation doing business in South Carolina. There is pending legislation in the South Carolina General Assembly that, if adopted, will require licensing of debt collectors and continuing professional education for licensed debt collectors.

Adam lives in Columbia with his wife and two children. Outside of work he says, “I’m an avid reader. I enjoy works of speculative fiction, history, science, mathematics and philosophy (particularly Philosophy of the mind). He has participated in fund raisers for the American Heart Association, which the firm supports.

Nelson is a member of the South Carolina Bar’s Commercial Law Committee, as well as the South Carolina Bankruptcy Law Association and the National Association of Retail Collection Attorneys (NARCA). He is a past member of the Supreme Court of South Carolina’s Commission on Bankruptcy/Debtor-Creditor Specialization.

The National List thanks Nelson and Adam for submitting this paper and for telling us something about themselves and their firm. You can access the paper at http://www.nationallist.com/white_papers/southcarolina.