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.
HISTORY: 1976 Act No. 686 Section 39; 1985 Act No. 121, Section 15.
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Chapter 5 - Remedies And Penalties
Section 37-5-101. Short title.
Section 37-5-103. Restrictions on deficiency judgments in consumer credit sales.
Section 37-5-104. No garnishment.
Section 37-5-106. No discharge from employment for garnishment.
Section 37-5-107. Extortionate extensions of credit.
Section 37-5-108. Unconscionability; inducement by unconscionable conduct.
Section 37-5-110. Notice of consumer's right to cure.
Section 37-5-111. Cure of default.
Section 37-5-112. Creditor's right to take possession after default.
Section 37-5-113. Venue, complaint, stay of enforcement of or relief from default judgment.
Section 37-5-114. Complaint; proof; entry of default judgment.
Section 37-5-115. Stay of enforcement of or relief from default judgment.
Section 37-5-202. Effect of violations on rights of parties.
Section 37-5-203. Civil liability for violation of disclosure provisions.
Section 37-5-205. Refunds and penalties as setoff to obligation.
Section 37-5-301. Wilfull violations.