Upon default by a consumer with respect to a consumer credit transaction, unless the consumer voluntarily surrenders possession of the collateral or rented property to the creditor, the creditor may take possession of the collateral or rented property without judicial process only if possession can be taken without entry into a dwelling used as a current residence and without the use of force or other breach of the peace.
S.C. Code Ann. § 37-5-112
Creditor's right to take possession after default
Known as the South Carolina Consumer Protection Code
The act spans §§ 37–37 (347 sections).
Applied in 2 court decisions — leading case Brewer v. Stokes Kia, Isuzu, Subaru, Inc. (2005)
Most recently applied in Brewer v. Stokes Kia, Isuzu, Subaru, Inc. (May 2005)
1976 Act No. 686 SECTION 39; 1985 Act No. 121, SECTION 15.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.