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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. South Carolina Bench Book for Summary Court Judges - Civil Section sccourts.org ? HTML ? CivilG sccourts.org ? HTML ? CivilG
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. (S.C.
If you don't pay the judgment or agree to a payment plan, the creditor must go through a separate judgment collection procedure. 6. During the judgment collection process, you may find that most if not all of your property and income cannot be taken for payment on the judgment. Debt Collection Defense in S.C. Summary Court (NOT Claim and ... learnthelaw.org ? group ? classroom learnthelaw.org ? group ? classroom
Complete the Motion form. Explain the reason why you feel the judgment should be vacated. You may attach any supporting documents. NOTE: Now is not the time to explain your allegations or defenses of the case-only why the judgment should be vacated.
If you receive a Complaint and decide not to defend your position within 30 days, the Magistrate's Court will enter a Default Judgment. In other words, the Plaintiff will win the lawsuit. This means that the Plaintiff will be entitled to the money or relief that he or she claims that you owe him or her.
How long does a judgment lien last in South Carolina? A judgment lien in South Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.
If the claim is unliquidated, and the defendant fails to answer within the time period specified by these rules or answers within the specified time period but then fails to appear at the time set for trial, judgment may be given to the plaintiff by default as in the case of liquidated claims if (1) the plaintiff ... Magistrates Rule 11 - South Carolina Judicial Branch South Carolina Judicial Branch ? courtReg ? displayRule South Carolina Judicial Branch ? courtReg ? displayRule