Pursuant to this form, a plaintiff who obtained a judgment against a defendant is demanding satisfaction of the judgment by payment of a sum of money sent to a specified address. If the parties are represented by an attorney, it would be preferable for the attorney representing the plaintiff to send such a letter to the attorney representing the defendant.
South Carolina Letter to Judgment Debtor Demanding Satisfaction of Judgment
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US-00760BG
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How to fill out Letter To Judgment Debtor Demanding Satisfaction Of Judgment?
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FAQ
Tells the court and others that a judgment has been paid in full or in part. Can be recorded with a county to release a lien against the judgment debtor's land or filed with the Secretary of State to release a lien against the debtor's personal property.
§ 15-39-610 et seq. A judicial sale is used in magistrates' courts to satisfy an adjudicated claim by the sale of personal property taken from a losing party. The sale may be of personal property seized pursuant to a claim and delivery action, a distraint procedure, or as a result of a levy and execution.
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.
Since a magistrate may not punish a party for contempt for failure to obey a judgment of his court, he must resort to other methods of enforcement. If the judgment requires the turning over of personal property to another, as in a claim and delivery action, resort may be had to the remedy of execution.
First, the creditor has to apply for an execution by the Sheriff. These executions rarely create any benefits. After the Sheriff returns the execution uncollected (also called Nulla Bona), then the creditor must file an action called Supplemental Proceedings with the Master-in-Equity.
You must execute 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.
In South Carolina, a judgment lien can be attached to real estate only.
(j) Case Stricken From Docket by Agreement. A party moving to restore a case stricken from the docket shall provide all parties notice of the motion to restore at least 10 days before it is heard. Upon being restored, the case shall be placed on the General Docket and proceed from that date as provided in this rule.
