(1) A natural person, other than the spouse of the consumer, is not obligated as a cosigner, comaker, guarantor, indorser, surety, or similar party with respect to a consumer credit sale, unless before or contemporaneously with signing any separate agreement of obligation or any writing setting forth the terms of the debtor's agreement, the person receives a separate written notice that contains a completed identification of the debt he may have to pay and reasonably informs him of his obligation with respect to it.
(2) A clear and conspicuous notice in substantially the following form complies with this section:
NOTICE
You agree to pay the debt identified below although you may not personally receive any property, services, or money. You may be sued for payment although the person who receives the property, services, or money is able to pay. This notice is not the contract that obligates you to pay the debt. Read the contract for the exact terms of your obligation.
IDENTIFICATION OF DEBT YOU MAY HAVE TO PAY (Name of Debtor) (Name of Creditor) (Date) (Kind of Debt) I have received a copy of this notice. (Date) (Signed)
(3) The notice required by this section need not be given to a seller, lessor, or lender who is obligated to an assignee of his rights.
(4) A person entitled to notice under this section shall also be given a copy of any writing setting forth the terms of the debtor's agreement and of any separate agreement of obligation signed by the person entitled to the notice.
(5) A notice to cosigner which complies with the Federal Trade Commission's Trade Regulation Rule on Credit Practices (16 C.F.R. Section 444) complies with this section provided that the notice does not indicate that the creditor may collect any amount or engage in any activity which would be illegal under South Carolina law, and the notice contains the following information signed and dated by the co-signer.
IDENTIFICATION OF DEBT YOU MAY HAVE TO PAY
(Name of Debtor) (Name of Creditor) (Date) (Kind of Debt) I have received a copy of this notice. ." (Date) (Signed)
HISTORY: 1976 Act No. 686 Section 15; 1991 Act No. 142, Section 5.
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Section 37-2-101. Short title.
Section 37-2-103. Index of definitions in chapter.
Section 37-2-104. "Consumer credit sale" defined.
Section 37-2-106. "Consumer lease" defined.
Section 37-2-107. "Seller" defined.
Section 37-2-108. "Revolving charge account" defined.
Section 37-2-109. "Credit service charge" defined.
Section 37-2-110. "Cash price" defined.
Section 37-2-111. "Amount financed" defined.
Section 37-2-201. Credit service charge for consumer credit sales.
Section 37-2-202. Additional charges.
Section 37-2-203. Delinquency charges.
Section 37-2-204. Deferral charges.
Section 37-2-205. Credit service charge on refinancing.
Section 37-2-206. Credit service charge on consolidation.
Section 37-2-207. Credit service charge for revolving charge accounts.
Section 37-2-208. Advances to perform covenants of buyer.
Section 37-2-209. Right to prepay.
Section 37-2-210. Rebate upon prepayment.
Section 37-2-301. Compliance with Federal Truth in Lending Act.
Section 37-2-302. Receipts; statement of account; evidence of payment.
Section 37-2-303. Notice to cosigner and similar parties.
Section 37-2-304. Advertising.
Section 37-2-305. Filing and posting maximum rate schedule.
Section 37-2-306. Notice of assumption of rights.
Section 37-2-307. Motor vehicle sales contracts closing fees.
Section 37-2-309. Manufactured home credit disclosure; material terms.
Section 37-2-402. Use of multiple agreements.
Section 37-2-403. Certain negotiable instruments prohibited.
Section 37-2-404. Assignee subject to claims and defenses.
Section 37-2-405. Balloon payments.
Section 37-2-406. Restriction on liability in consumer lease.
Section 37-2-407. Security in sales and leases.
Section 37-2-408. Cross-collateral.
Section 37-2-409. Debt secured by cross-collateral.
Section 37-2-410. No assignment of earnings.
Section 37-2-411. Referral sales and leases.
Section 37-2-412. Notice of assignment.
Section 37-2-413. Attorney's fees.
Section 37-2-414. Limitation on default charges.
Section 37-2-415. Authorization to confess judgment prohibited.
Section 37-2-416. Change in terms of revolving charge accounts.
Section 37-2-501. Definition: "home solicitation sale".
Section 37-2-502. Buyer's right to cancel.
Section 37-2-503. Form of agreement or offer; statement of buyer's rights.
Section 37-2-504. Restoration of down payment.
Section 37-2-505. Duty of buyer; no compensation for services before cancellation.
Section 37-2-506. Compliance with Federal Trade Commission Trade Regulation Rule.
Section 37-2-601. Sales subject to title by agreement of parties.
Section 37-2-605. Credit service charge for other sales.
Section 37-2-701. Definitions.
Section 37-2-702. Required disclosures; manner of disclosure; when disclosures required.
Section 37-2-703. Renegotiation; extension of agreement.
Section 37-2-704. Advertisements; statement of terms.
Section 37-2-705. Delinquency charges.
Section 37-2-706. Deposits; delivery charges; pick up charges.
Section 37-2-707. Charge for default of lessee.
Section 37-2-708. Use of note as evidence of consumer's obligation.
Section 37-2-709. Assignment; claims or defenses.
Section 37-2-710. Assignment of earnings.
Section 37-2-711. Lessee's rights and obligations upon assignment.
Section 37-2-712. Confession of judgment.
Section 37-2-714. Lessee's right to reinstatement of rental-purchase agreement.