South Carolina Code of Laws
Chapter 2 - Credit Sales
Section 37-2-409. Debt secured by cross-collateral.

(1) If debts arising from two or more consumer credit sales, other than sales pursuant to a revolving charge account, are secured by cross-collateral (Section 37-2-408) or consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied pro rata to the payment of the debts arising from the sales. Proration shall be computed on the original debts secured by the various security interests. To the extent debts are paid according to this section, security interests in items of property terminate as the debts originally incurred with respect to each item are paid.
(2) Payments received by the seller upon a revolving charge account are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of credit service charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made.
(3) If the debts consolidated arose from two or more sales made on the same day, payments received by the seller are deemed for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of the smallest debt.
HISTORY: 1962 Code Section 8-800.199; 1974 (58) 2879; 1982 Act No. 385, Section 23.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 37 - Consumer Protection Code

Chapter 2 - Credit Sales

Section 37-2-101. Short title.

Section 37-2-102. Scope.

Section 37-2-103. Index of definitions in chapter.

Section 37-2-104. "Consumer credit sale" defined.

Section 37-2-105. "Goods"; "merchandise certificate"; "services"; "sale of goods"; "sale of services"; "sale of an interest in land"; "precomputed" 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 37-2-308. Disclosures for motor vehicle sales or leases; credit and lease advertising; penalties and hearing rights.

Section 37-2-309. Manufactured home credit disclosure; material terms.

Section 37-2-401. Scope.

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 37-2-713. Lessee's right to return property, continue rental, or purchase property before end of rental-purchase agreement.

Section 37-2-714. Lessee's right to reinstatement of rental-purchase agreement.