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S.C. Code Ann. § 37-5-109

Default

Known as the South Carolina Consumer Protection Code

The act spans §§ 37–37 (347 sections).

Applied in 2 court decisions — leading case South Carolina Department of Consumer Affairs v. Rent-a-Center, Inc. (2001)

Most recently applied in In re Henderson (May 2013)

1976 Act No. 686 SECTION 39; 1985 Act No. 121, SECTION 12.

An agreement of the parties to a consumer credit transaction with respect to default on the part of the consumer is enforceable only to the extent that:

(1) the consumer fails to make a payment as required by agreement; provided, with respect to a consumer rental-purchase agreement, a lessee defaults when he fails to renew an agreement and fails to return the rented property or make arrangements for its return as provided for by the agreement; or

(2) the prospect of payment, performance, or realization of collateral is significantly impaired; the burden of establishing the prospect of significant impairment is on the creditor.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.