In South Carolina, judgment records are legal papers showing the final adjudications on court cases. Usually, these judgment files form a part of the court records, containing documents such as case dockets, evidence, and details of the court’s proceedings. In addition, a judgment record states the defendant’s offense, the party’s participation, and liabilities if found guilty. Residents of South Carolina may request to view judgment records and other South Carolina court records without restriction, except the court states otherwise.
What is a Judgment?
A judgment is a concluding verdict a judge pronounces in a case. It states in explicit official language if the defendant is guilty of the offense or not and the penalties meted against the accused person (be it jail time, financial levy, or both). Typically, the sitting judge signs a judgment, and it states clearly the facts of the case and the law it is based on. When a party has to pay a debt, the final decision says the amount to be paid by whom, to whom, and the possible means of payment.
South Carolina Judgment Laws
The South Carolina judgment laws according to SC Code § 15-35 detail the judgment procedure for each unique case. In addition, the laws also stipulate the means of enforcing judgments, canceling and discharging judgments, among others.
What is Judgment Lien?
A judgment lien is a court’s decree which gives the judgment creditor (plaintiff) the right to seize a judgment debtor’s (defendant) real estate or personal properties. This usually occurs when the borrower refuses to pay the debt or is unable to pay it. The judgment lien may also apply to monies the debtor owns (bank accounts, other financial accounts, and wages). However, in South Carolina, a judgment lien cannot be attached to personal properties (cars, jewelry, etc.) but only to real properties (land, house, etc.).
In South Carolina, once the judge enters a judgment, there is an automatic lien on the borrower’s real estate in the county of judgment entry. To place a lien on other real estate owned by the judgment debtor in other counties in South Carolina, the creditor must file a copy of the judgment with the clerk of the court of common pleas of each county.
A judgment lien ensures that a loanee pays the debt before selling or refinancing real properties or pays immediately after the sale of the asset. It also permits the sheriff to seize and sell such properties on behalf of the judgment creditor. To execute a judgment lien in South Carolina, the winner of the case must file a Writ of Execution with the county’s court clerk.
What is a South Carolina Summary Judgement?
A summary judgment is a decision a judge enters when there is no genuine issue to try. Either party in the civil case may file a summary judgment only after 30 days from the date the legal action began. A party who believes that there are no factual elements to be tendered by the opposition in the case may move to file a motion of summary judgment - as a result, helping to conserve judicial resources in cases that may be easy to determine without a full hearing.
In South Carolina, the judge goes ahead to issue a summary judgment after reviewing the case on the merits of its facts and evidence put forth in the motion for summary judgment and other interrogations before a trial.
What is A Summary Judgment Motion In South Carolina?
A summary judgment motion is a written petition to the court asking for the case’s resolution or a part of the case (a claim) without having a full court hearing. It is filed when the key facts of a case are not debated, thereby nullifying the need for a full hearing. Under Rule 56, a moving party may only file a motion for summary judgment not later than ten days before the date of hearing or 30 days after the start of the legal action.
The movant may either be the plaintiff or the defendant of the case who must satisfactorily show there are no debatable material facts within reason by the opposing party. The judge reviews all facts and evidence put forth in a motion for summary judgment hearing, then gives both parties opportunities to restate their grounds. If the movant satisfies the motion, the judge passes a summary judgment.
In the case where the non-moving party debates the material facts stated by the movant with reasonable counter facts, or the judge believes there are grounds for trial, the judge denies the motion for summary judgment and fixes a date for full trial proceedings. A canceled motion for summary judgment is not appealable (Rule 72).
South Carolina Judgment Record Search
Under the SC Code § 30-4-30 (Freedom of Information Act), a person has the right to view and copy information deemed as public records unless the record is sealed or the requestor is presently serving jail time. Therefore, an interested individual may search for a South Carolina judgment record in person at the court of judgment entry or online using the South Carolina record search options. The online search is open to use on almost all judgment cases.
How Do I Look Up a Judgment In South Carolina?
To look up a judgment in South Carolina manually, a requester must visit the Office of the Clerk of the Court of the county where the case was heard. On the other hand, an interested person may use the South Carolina court online public search index or online opinion search for electronic viewing. Using the Case Records Search, the user has the chance of searching judgment filed under different options, including;
- Case number
- Court type and date range
- Author
- Trial judge
- Text search of all published opinions
- By county
What Happens if You Have a Judgment Against You in South Carolina?
A judgment comes with a possible liability against the loser in a case. It usually states the amount the judgment debtor must pay and the mode of payment. In South Carolina, immediately the judgment is entered in the court’s docket, there is an automatic judgment lien on the defaulter’s real properties. The judgment is binding and expected to be paid unless the court vacates the judgment in an appeal hearing, or the debtor is judged to be judgment proof in the court. To be judgment proof means all assets of the debtor are under the exempt limit of South Carolina and cannot pay the debt.
Fortunately, there is no wage garnishment in South Carolina, but the creditor may move to seize or sell the debtor’s real properties if the borrower does not pay. There is also an annual interest on the debt until the loanee pays the debt off. Lastly, the debtor may also have to pay the creditor’s attorney fees or other costs as covered under the law.
How Do I Find Out If I Have Any Judgments Against Me In South Carolina?
After issuing a judgment in South Carolina, the court sends a written declaration of the judgment to the parties in the case, especially if a party or both was absent at the hearing or if the judge failed to make a final declaration at the hearing. Hence, a person may receive notification on any pending judgment. Secondly, an interested party may visit the Office of the Clerk of the Court where the hearing took place or by using the case search options online.
How Long Does A Judgment Stay On Your Record?
A judgment stays on the person’s record for ten years beginning from the date of entry, except the party pays the judgment. The consequences of unpaid judgment may affect the debtor’s future loan application.
How To Enforce A Judgment In South Carolina
Typically, it is not the responsibility of the court to enforce a judgment, it is the burden of a creditor, but the party may seek assistance to do so. Following a verdict, a judgment lien is placed on the debtor’s property, and if the debtor refuses to pay the debt, the lender may force the defaulter to pay by seizing the person’s property. South Carolina generally recognizes that if a judgment creditor does not initiate an action to execute the judgment within ten years, starting from the date the court entered the decision, the judgment expires.
How To Collect A Judgment In South Carolina
In South Carolina, a creditor may face challenges in an attempt to collect a judgment from a defendant who is not cooperating. To fasten the collection process, the lender may employ a sheriff’s service to execute the judgment on the defendant’s property. Through this means, the litigation may end, or the sheriff returns the judgment, i.e., nulla bona, meaning unable to collect. An unsuccessful execution by the sheriff creates the need to file supplemental proceedings with the local Master-in-Equity to preserve the plaintiff’s claims and carry on with the collection process. However, during this period, the debtor does not have the liberty to sell assets or other properties that may have any form of connection to the judgment.
In addition, a debtor’s property located outside South Carolina is not void of collection. What this implies is that a judgment approved in South Carolina is enforceable in other states. Hence, the creditor may file the judgment with the local judiciary out of state. In all, a plaintiff should consult with an attorney to figure out if a particular collection process is worth the party’s effort, time, and money.
What Happens if a Defendant Does Not Pay a Judgment in South Carolina
A judgment disregards the debtor’s opinion and convenience, and it grants the creditor the right and authorization to get the payment from the debtor by whatever means recognized by the law. Consequences ensuing from not wanting or willing to pay a judgment include;
- The debtor’s property and wages could be seized due to the debt. With the court’s backing, the sheriff gets the authority to take hold of and vend the debtor’s assets.
- A creditor may get a lien on a debtor’s property, making the lender the legal owner of the property.
- The creditor may employ an alternative measure of collecting the debt through garnishment. Therefore, the debtor’s employer gets an order to deduct the payment from the debtor’s wages.
- Jail time. A creditor’s inability to find a debtor’s properties legally could prompt a debtor’s examination. The court may ask the borrower some questions concerning their property. If the debtor fails to appear, the party’s absence from court results in a contempt of court charge, which may attract a jail term.
What Personal Property Can Be Seized in a Judgment in South Carolina?
While personal property such as household items, clothes, vehicles, jewelry, antiques, personal belongings, and other valuables may be seized in a judgment, in South Carolina, a judgment lien may be attached to real estate only. Hence, a judgment applies to the debtor’s land, house, and other buildings in the party’s name.
South Carolina Judgment Interest Rate
SC Code § 34-31-20(B) specifies the legal rate of interest on judgments in South Carolina. According to the law, the interest rate on a judgment in the state is the same as the prime rate specified in the first edition of the Wall Street Journal published for every calendar year that the judgment remains unsatisfied, which is 7.25%. This is in addition to a four percent annual compound interest. Hence, the total judgment interest rate in South Carolina is 11.25%.
What is a Default Judgment?
A default judgment ensues when a defendant fails to appear in court or does not answer a court summons in a legal case. What this means is that the court rules in favor of the plaintiff. A default judgment may consider all complaints regarding damages, except evidence of the damages is required, then the court may hesitate. On the other hand, if a defendant files a counterclaim and the plaintiff refuses to appear before the court, the default judgment favors the defendant.
How to File a Motion To Set Aside Default Judgment in South Carolina
If a defendant finds out about a default judgment against them in South Carolina, the party may file a motion to set aside the default judgment. For the courts to consider this motion, the defendant must file it not more than one year after the judge issues the verdict. After filing the motion, a judge may rule on the motion with or without a hearing. The movant must display good cause, that is, possess a compelling reason for the failure to appear in court initially. If the court approves the motion to set aside the default judgment, it will arrange a new trial for the original claim. If more than one year has passed since the issuance of the default judgment, the conditions for filing the motion to set aside becomes considerably stricter.
How to File a Motion To Vacate Judgment in South Carolina
A concerned party may seek relief from a judgment when the individual files a motion to vacate a judgment with the court clerk in the court that issued the verdict. The moving party must submit a copy of the motion to the judge within ten days of filing. However, it is generally a difficult feat to achieve, especially if the opposing party objects. Nevertheless, according to Rule 60, the court may revisit a judgment for the following reasons;
- Errors in the record on the part of the court clerk
- A case of fraud
- Newly discovered evidence
- Misconduct from the opposing party
- Fulfillment of judgment
- Discharge or release from the creditor
To be eligible to file a motion to vacate judgment due to the first four reasons stated above, the judgment must not be older than a year.
How To Remove An Abstract Of Judgment In South Carolina
A debtor may remove an abstract of judgment in South Carolina only after the party satisfies the judgment and obtains a discharge from the creditor. An abstract of judgment is a written summary of a judgment, and it has information on the exact amount owed, the interest rate on the judgment, and any specific orders that the debtor must obey. It is used to create a public record and functions as a lien on any real estate that the defaulter owns in the county where the abstract judgment was recorded.
How Long Is a Judgment Good For In South Carolina
Per SC Code § 15-39-30, a judgment in South Carolina is good for ten years, and they are usually not renewable. Therefore, a judgment expires after a decade if a creditor fails to initiate action within the validity period, starting from when the judgment was entered.
South Carolina Judgment Statute of Limitations Law
The statute of limitations is the period within which a creditor legally has the permission to collect a judgment from a debtor. If the creditor does not obtain the verdict within this period, the debt becomes “time-barred.” According to SC Code § 15-39-30, the statute of limitations for judgments in South Carolina is ten years, and it is not subject to renewal. Therefore, lenders must make an effort to force the debtor to make some payment before the timeline elapses.
