South Carolina Acknowledgment by Debtor of Correctness of Account Stated

State:
Multi-State
Control #:
US-0163BG
Format:
Word; 
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Description

An account stated is a statement between a creditor and a debtor based upon a series of prior transactions. Hence, an account stated arises when a particular amount is owed to the creditor by the debtor as of a certain date. An account stated refers to either an agreement itself or to the assent giving rise to the agreement. The agreement to pay the balance amount can be either express or implied. When the agreement to pay is in the nature of a computation, then it is called account stated.

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FAQ

Very simply, an acknowledgment of debt (?AOD?) is a written agreement between a debtor and a creditor in terms of which the debtor agrees that he is unequivocally liable to the creditor for a sum of money.

Evidence of debt means a writing that evidences a promise to pay or a right to the payment of a monetary obligation, such as a promissory note, bond, negotiable instrument, a loan, credit, or similar agreement, or a monetary judgment entered by a court of competent jurisdiction.

An Acknowledgement of Debt is a legal document that states that you owe a debt to someone. It can be used as proof of the debt in court if necessary. The requirements for an Acknowledgement of Debt vary from country to country, but in general, it must be in writing and signed by both parties.

An IOU merely acknowledges a debt and the amount one party owes another. A promissory note includes a promise to pay on demand or at a specified future date, and steps required for repayment (like the repayment schedule).

Debenture is a written instrument acknowledging a debt under the common seal of the company.

SECTION 37-5-104. No garnishment. With respect to a debt arising from a consumer credit sale, a consumer lease, a consumer loan, or a consumer rental-purchase agreement, regardless of where made, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings.

They asked for damages under section 29-3-320 of the South Carolina Code, which says that banks that don't satisfy a mortgage within 90 days are subject to damages of the lesser of $25,000 or one-half of the secured debt, plus attorneys' fees, costs and actual damages.

How to Request Debt Verification. To request verification, send a letter to the collection agency stating that you dispute the validity of the debt and that you want documentation verifying the debt. Also, request the name and address of the original creditor.

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South Carolina Acknowledgment by Debtor of Correctness of Account Stated