Top business debt settlement companies in South Carolina should be aware of some unique state rules, such as confessions of judgment filed by the county clerk, the 30-day time limit to challenge out-of-state judgments, and the prohibition of judgment creditors from garnishing your wages.
We’ve only found one page ranking debt settlement providers for South Carolina, last updated in July 2026. Delancey Street is at the top of their list, but the page doesn’t explain South Carolina law, so we’re hoping this page will.
How do South Carolina rules change which business debt settlement companies you should consider?
South Carolina does not regulate or vet business debt settlement companies. Although South Carolina has a Consumer Credit Counseling Act that requires debt settlement companies to be licensed by the Department of Consumer Affairs, that statute only applies to debts incurred “for personal, family or household purposes.” And as of March 2026, South Carolina is not one of the ten states that have passed laws requiring disclosures for commercial financing.
Can a funder get a judgment in South Carolina without filing a lawsuit?
Yes, South Carolina still permits judgments by confession “without action” under S.C. Code 15-35-350. A statement to confess judgment must be written, signed and sworn to by the debtor. For a debt, the statement must concisely state the facts out of which it arose and show the sum is justly due (15-35-360). The funder files the confession with the county clerk of court, who enters judgment by endorsing it on the confession, and no hearing is required (15-35-370).
So a top business debt settlement company in South Carolina should know that many MCA confessions of judgment don’t state the facts underlying the debt, or weren’t sworn to by the guarantor who signed them. It’s worth having an attorney look before you agree to pay anything extra in a settlement for a confession that may not hold up. Read more about whether confessions of judgment are still legal.
What happens when a New York judgment is brought to South Carolina?
The funder can file the New York judgment with the clerk of court of any county where the debtor resides or owns property. The debtor then has 30 days after notice to apply for relief from the judgment. The filing is an authenticated copy of the judgment plus an affidavit under the Uniform Enforcement of Foreign Judgments Act, codified in South Carolina at 15-35-920(A). So if you live in one county but own a rental in Charleston County, the funder could file in either.
That 30-day period is very important: Under South Carolina Code 15-35-920(C), simply filing a motion for relief will automatically stay enforcement of the judgment, without the need to post any bond. A contested judgment isn’t indexed until it is resolved (15-35-920(B)). Under 15-35-940(A), you can raise any ground for relief that you could if the judgment had been entered in South Carolina. So if a New York judgment is filed against you here, contact a business debt settlement company immediately so you don’t miss the 30-day deadline. This gives you leverage, since the funder can’t levy your bank accounts while the judgment is in dispute.
Can a South Carolina funder garnish my wages?
Generally not. In supplementary proceedings, a judge may apply a debtor's non-exempt property toward a judgment, “except that the earnings of the debtor for his personal services cannot be so applied” (Section 15-39-410). Furthermore, South Carolina prohibits the garnishment of wages to satisfy a consumer credit obligation even if the debt was not incurred in South Carolina (Section 37-5-104).
What tools do South Carolina judgment creditors have to collect?
- Levy upon non-exempt assets through the county sheriff pursuant to an execution. Banks and customers owing the debtor money can pay the sheriff (Section 15-39-340). This is how bank accounts get levied upon.
- Place a lien upon the debtor's South Carolina real estate for ten years from the date of the judgment (Section 15-35-810). Judgments may be executed upon for ten years (Section 15-39-20).
- After an unsatisfied execution, examine the judgment debtor in a supplementary proceeding to find non-exempt assets, possibly in front of a master or referee appointed by the court (Sections 15-39-310, 15-39-380, and 15-39-390).
- Charge post-judgment interest at the prime interest rate as published in the Wall Street Journal, plus 4 points compounded annually (Section 34-31-20).
What exemptions can a South Carolina guarantor claim?
South Carolina guarantors can claim an exemption in their residence that the statute sets at $50,000 per debtor (capped at $100,000 for multiple debtors in the residence). The homestead amount rises every even numbered year since 2008 with the Southeastern consumer price index. South Carolina also has a $5,000 motor vehicle exemption, a $1,500 tool of the trade exemption, an exemption for IRA's and qualified retirement plans, and a $5,000 cash exemption (which you cannot claim if you claim a homestead exemption), all under Section 15-41-30. See also our guide to whether MCA funders can come after your personal assets.
Which court handles South Carolina MCA cases?
Most cases are filed in the Court of Common Pleas, the civil side of the circuit court, in the county where the confession of judgment or foreign judgment is filed. South Carolina also has a Business Court, which began as a pilot program in 2007 and was opened statewide by Court Order in January 2014. Cases are assigned to it by motion, using forms SCCABC101 and SCCABC102, so providers should work with South Carolina counsel to make sure the case is in the appropriate court. More information about the Business Court can be found on the South Carolina Judicial Branch website.
Frequently Asked Questions
Can a Merchant Cash Advance funder get a judgment against me in South Carolina without filing a lawsuit?
Yes, if you signed a confession of judgment under South Carolina law they can bring your sworn statement to the county Clerk of Court and the clerk will enter the judgment without a lawsuit or hearing.
Does a South Carolina debt settlement license mean that a company can handle my Merchant Cash Advance debt?
No. South Carolina's Consumer Credit Counseling Act licenses companies that settle personal, family, and household debts. So a license does not mean the company is qualified to settle Merchant Cash Advance debts.
How long can a South Carolina judgment follow me?
A South Carolina judgment can follow you for ten years. It is a lien on a debtor's South Carolina real estate for ten years from the date it is entered, it may be executed upon for ten years, and it earns interest at the Wall Street Journal prime rate plus 4 points, compounded annually.