Repossessions and evictions can be completely eliminated (“discharged”) in Chapter 7. It is important to surrender possession if you want to eliminate a lease or mortgage debt.
In Chapter 13, past repossessions and evictions must be paid starting at 1%. Increases may apply based on your income and assets.
- Creditors who repossess or evict, generally, cannot garnish your wages in South Carolina if they get a judgment.
- There may be an exception if you lived in another state when the creditor gets the judgment and then you move here or if you currently work in another state.
Judgments, which last for ten years, may become a lien on real estate and may cause a creditor to attempt foreclosure or seizure your “non-exempt” assets.