South Carolina Avoiding Judicial Lien (Order for Co-Owned Property)
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FAQ
What Is a Motion to Avoid a Judicial Lien in Bankruptcy? A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.
Mechanics liens in South Carolina must be filed in the register of deeds or clerk of court of the county where the project is physically located.
A judgment lien in South Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.
What kind of property is subject to a judgment lien under South Carolina law? In every state, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest.
Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under.
Exemptions to Collecting Judgments in South Carolina Even if the debtor has assets, judgments are subject to exemptions in South Carolina. For example, there is approximately a $50,000 ?exemption? on someone's primary residence. The first $50,000 equity cannot be touched by a creditor.
Creditors may be able to garnish a bank account (also referred to as levying the funds in a bank account) that you own jointly with someone else who is not your spouse. A creditor can take money from your joint savings or checking account even if you don't owe the debt.