Home Mortgage

I have a couple of friends who moved to South Carolina in 2003 and ended up with an unpaid balance of something like $300 to a moving company that is located outside of the State of South Carolina. The debt was turned over to an attorney in 2004 for collections, which the couple has been paying on for three years. They whittled it down to $300 and for unknown reasons, they stopped paying and there were no reminders or notices sent from the attorney this was placed into collections with. They thought they were paid up. They went through a divorce where the husband stole everything and moved out of state. Now the ex-wife receives a notice of Execution Against Property, indicating that the sheriff is to put a levy on any property. Then it goes on to say, "Please post any property of defendant, not exempt from levy and execution, for sheriff’s execution sale at the courthouse as provided by law."

My friend is about to be hospitalized because she is suffering from anxiety and depression and since has gone through a horrible divorce that left her with nothing. She is living with her mother at her mother’s house and she is terrified that they will come to her mother’s house and confiscate everything which is not hers, but her mother’s. My friend was also involved in a serious car accident where she totalled her car (still owes on IT) and now she has another car which she has to make payments on, but the car is valued at about $9000. She owes the credit company $3000 on it. Can they take her car to satisfy the debt?

My friend can’t even afford a new pair of glasses. She is on disability and works very part time from her computer at home. Can they confiscate her tools that she uses to make the pittance of a living that she needs to in order to supplement her pittance that she gets from Social Security Disability?

In a nut shell, does anyone know what property is exempt in South Carolina? If they confiscate her bank account, she will be late paying her mother for rent and her mother is retired and only getting Social Security. That will mean that the mortgage won’t get paid and it will become a burden on her mother. My friend owns nothing except some old clothes and an 8-year-old computer she uses to make a living on (if that’s what you even would call it, since she can’t make a lot because of her disability).

Any advice would be appreciated. Thanking you in advance.

It looks like your friend is "judgment proof". The link below lists exemptions in South Carolina. See section 15-41-30.

http://www.scstatehouse.gov/cgi-bin/query.exe?first=DOC&querytext=marriage&category=Code&conid=2394233&result_pos=20&keyval=295