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South Carolina Rule to Show Cause Why Fine/Restitution Should Not Be Converted to Civil Judgment

Category:
Statewide - Appellate Courts
State:
South Carolina
Control #:
SC-SKU-1369
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Rule to Show Cause Why Fine/Restitution Should Not Be Converted to Civil Judgment
South Carolina Rule to Show Cause Why Fine/Restitution Should Not Be Converted to Civil Judgment is a process whereby a person who has been convicted of a criminal offense and was ordered to pay a fine and/or restitution, may request that the court not convert the fine/restitution to a civil judgment. This type of rule is typically used when a person has difficulty paying a fine or restitution. In South Carolina, there are two types of Rule to Show Cause Why Fine/Restitution Should Not Be Converted to Civil Judgment: 1. South Carolina Rule 6(h)(3) is used when a person wants to contest the conversion of an unpaid fine or restitution to a civil judgment. The person must file a written motion to contest the conversion, and must include the reasons why the conversion should not be allowed. 2. South Carolina Rule 7(b) is used when a person wants to contest the conversion of an unpaid fine or restitution to a civil judgment. The person must file a written motion and provide evidence that the amount of the fine or restitution is greater than the amount that he or she is able to pay. The person must also provide evidence that the conversion of the fine or restitution to a civil judgment would be a hardship on them or their family.

South Carolina Rule to Show Cause Why Fine/Restitution Should Not Be Converted to Civil Judgment is a process whereby a person who has been convicted of a criminal offense and was ordered to pay a fine and/or restitution, may request that the court not convert the fine/restitution to a civil judgment. This type of rule is typically used when a person has difficulty paying a fine or restitution. In South Carolina, there are two types of Rule to Show Cause Why Fine/Restitution Should Not Be Converted to Civil Judgment: 1. South Carolina Rule 6(h)(3) is used when a person wants to contest the conversion of an unpaid fine or restitution to a civil judgment. The person must file a written motion to contest the conversion, and must include the reasons why the conversion should not be allowed. 2. South Carolina Rule 7(b) is used when a person wants to contest the conversion of an unpaid fine or restitution to a civil judgment. The person must file a written motion and provide evidence that the amount of the fine or restitution is greater than the amount that he or she is able to pay. The person must also provide evidence that the conversion of the fine or restitution to a civil judgment would be a hardship on them or their family.

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FAQ

Payments cannot be made directly to victims, but must come through the DJJ Fiscal Affairs Office via Money Order, Cashier's Check, or by using the online payment processing service (button located in the top right section of this page).

If you don't pay the restitution, the Court may have several options including revoking your supervised release or probation, holding you in contempt of court, or converting your restitution amount to a civil judgment against you.

SECTION 22-3-550. Jurisdiction over minor offenses; restitution; contempt; maximum consecutive sentences. (A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both.

In South Carolina, judgment exemptions generally apply to a person's personal property and their homestead. Legally, a creditor cannot seize any of these exempt assets if they have a value below the threshold set by the law, essentially making a debtor judgment proof despite the existence of some known assets.

South Carolina Code 17-25-65 allows the State to seek a reduction in a defendant's sentence where they haveprovidedsubstantial assistance to the State. Judges do not make the law, rather they apply the laws enacted by the GeneralAssembly.

The law of restitution is the law of gains-based recovery, in which a court orders the defendant to give up their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to pay the claimant for their loss.

The restitution hearings must be held unless the defendant in open court agrees to the amount due, and in addition to any other sentence which it may impose, the court shall order the defendant make restitution or compensate the victim for any pecuniary damages.

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The debtor will be required to appear at the hearing and complete the Financial Disclosure form or provide a good reason for not doing so. The Criminal Division will cause judgment lien notices to be recorded in all counties where we are aware the defendant owns or may own property.This order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitution. The court shall order restitution in a reasonable sum not to exceed the actual pecuniary loss to the victim in an amount certain. Fines and restitution. One good reason would be that the defendant was not served properly or on time. If the judge approves the motion and sets another date for a hearing, you must. Untimely motions in the trial court, the Court of Appeals, and the Supreme Court may be granted for good cause shown. ITEMS 1 - 14 — Family Law Motions. III. Orders to Show Cause Notice.

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