D. Nathan Davis

Born in Charleston, South Carolina, I have been helping people with financial problems, financial planning and creditor abuse matters for over 40 years. My goal is to have my clients in better shape when their legal matter is concluded than when it bagan.

University of South Carolina School of Law

Juris Doctor (1975)

1975

National Association of Consumer Bankruptcy Attorneys

member

2009 - Current

Activities: participate in forums on national issues.

South Carolina State Bar

Member

1975 - Current

South Carolina

Since 1975

4th Circuit

• Free Consultation
  I meet with you for up to 1 hour at no charge. I often find that I cannot handle a matter and refer you to an attorney I would use if I had the same legal problem.
• Contingent Fees
  Not all cases are suitable for contingent fee representation.
• Rates, Retainers and Additional Information
  You will be responsible for costs and expenses even if I take your case on a contingent fee basis.

Q. In reference to consumer debt, what are our options regarding unseen right to cure notice?

October 7, 2024

A: Can you convince a judge and/or jury that the notice was not received? Normally, the right to cancel is actually signed by the debtor at the time the debt is incurred. Make the creditor provide a copy of the form since you do not remember receiving it. In real estate, the receipt is signed and then a confirmation that you have not cancelled is required.

You are going to have to plan on suing to get out of the transaction. The creditor may still be able to collect some money if you have received merchandise and have not returned the merchandise. The are many other factors to consider and your best bet is to meet with an attorney to see what your rights may be.

Q. I have received a document in the mail "Notice of decision to award $1,000,000.00" and "Prize payout decision Request"

May 26, 2024

A: Throw that notice in the trash. No one is going to award that kind of money to someone unless you are entered some contest. It appears that you do not recognize the company sending you this notice.

If you decide to contact them, they will quickly want you to send them money for handling or some other reason. This is how they make money. Why would anyone just give you money. Such a prize would be part of some advertising strategy and there is none in this instance.

Run away before you lose the money you have.

Q. received a call regarding a Best Buy cc purchase over 25 years ago. The purchase was under 500.00 but was advised 2400.0

March 23, 2023

A: In no uncertain terms, tell them that you do not owe the money. I am assuming that you have not made a payment in more than 3 years. Do not admit in writing that you owe or owed the money. The SC Statute of Limitations is 3 years but you cannot have made a payment or admitted in writing that you owe or owed the money or the time is extended.

Do not agree to pay them any money or pay any money to the collector.

If the collector actually files a lawsuit, you will need to respond to the suit. In many states, the statute of limitations is an absolute bar to the bringing of a lawsuit to collect on old debt. South Carolina is not one of those states. If you are sued, you must file an answer or motion to dismiss the case which should keep the collector from obtaining a judgment. If you sleep on your rights, you could end up having a judgment against you.

Threatening to file a lawsuit to collect money and not doing that may be an unfair debt collection matter which may cause the collector to be liable for unconscionable conduct. Be sure to remain vigilant and if someone tries to serve you with suit papers, do not try to avoid service. ... Read More