(1) In an action brought by a creditor against a consumer arising from a consumer credit transaction, the complaint shall allege the facts of the consumer's default, the amount to which the creditor is entitled, an indication of how that amount was determined, and either that the notice to cure required by Sections 37-5-110 and 37-5-111 has been given or is not required.
(2) A default judgment may not be entered in the action in favor of the creditor unless the complaint is verified by the creditor or sworn testimony, by affidavit or otherwise, is adduced showing that the creditor is entitled to the relief demanded.
HISTORY: 1982 Act No. 385, Section 46.
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.