Three-Year Civil Limitation on Unpaid Parking Penalties
Under SC Code §15-3-530(1), actions on a 'liability created by statute, other than a penalty or forfeiture' have a 3-year limitations period. For municipal parking citations administratively converted to civil debts (most SC municipalities, including Columbia and Charleston), the 3-year statute begins running from the date the citation became final/non-appealable. Cities frequently attempt collection on tickets 5-10 years old; these are time-barred and unenforceable.
Legal basis
SC Code §15-3-530(1) (3-year general limitation); SC Code §15-3-570 (1-year limit for actions on a statute for penalty/forfeiture); SC Code §15-3-600 (general bar on stale claims).
Sample appeal wording
TO: [City Parking Services / Collection Agency / Magistrate] RE: Citation(s) Nos. [TICKET_NUMBERS] Issue Date(s): [ORIGINAL_DATES] This is my formal written notice that the above citation(s) are time-barred under South Carolina law and any further collection effort is unlawful. Under S.C. Code Ann. §15-3-530(1), an action upon a liability created by statute carries a three-year statute of limitations. The citation(s) in question issued on [DATE] and became final more than three (3) years ago. To the extent the matter is properly characterized as a statutory penalty, S.C. Code Ann. §15-3-550 imposes a one (1) year limit, which has likewise expired. I hereby: 1. Dispute the debt under 15 U.S.C. §1692g; 2. Demand cessation of all collection activity; 3. Demand release of any DMV hold associated with these citations; 4. Reserve all rights under the SC Consumer Protection Code (S.C. Code §39-5-10 et seq.) and the federal FDCPA. Proceeding further despite this written notice may constitute an unfair trade practice. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- SC Code §15-3-530
- SC Code §15-3-550
- SC Code §39-5-10 et seq. (SCUTPA)