Prepare Legal South Carolina Foreign Judgments Forms For Free

A magistrate's judgment is valid for three years, whereas a circuit court judgment is valid for ten years. Therefore, the filing of a magistrate's judgment in circuit court extends the life of the judgment to that of the circuit court's. Judgments in South Carolina may not be renewed.

While the law is a little unclear, it is generally recognized in South Carolina that if a person who is owed money (also called a judgment creditor) does not begin court action to execute the judgment within 10 years from the date the judgment is entered, then the judgment will be deemed to have expired.

There shall be three kinds of executions, (a) against the property of the judgment debtor, (b) against his person and (c) for the delivery of the possession of real or personal property or such delivery with damages for withholding the property. They shall be deemed the process of the court.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In South Carolina, a judgment lien can be attached to real estate only.

In order to domesticate a judgment, UEFA requires that an authenticated copy of the foreign judgment be filed with the court clerk in any county in South Carolina in which the judgment debtor either resides or has property located.

Executing the Judgment A document called a writ of execution must be prepared, attested to by the clerk of court, and delivered to the sheriff. This gives the sheriff the power to take possession of any non-exempt personal property and, if necessary, real property.