Get SC SCCA/516(C) 2013-2024

There shall be three kinds of executions, (a) against the property of the judgment debtor, (b) against his person and (c) for the delivery of the possession of real or personal property or such delivery with damages for withholding the property. They shall be deemed the process of the court.

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.

In the case of a satisfaction of a fine, the magistrate or municipal court should file the actual satisfaction of judgment. In the case of a satisfaction for restitution, the victim or the court may file the satisfaction with the circuit clerk of court. SCCA 516 (E) has been developed for this purpose.

Upon the rendering of a verdict (by the jury or the judge in a non-jury matter), the final judgment of the court should be entered in the civil docket book of the magistrate's court.

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.

Executing the Judgment 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.