Judgment Against Property With Find In Franklin

State:
Multi-State
County:
Franklin
Control #:
US-0025LTR
Format:
Word; 
Rich Text
Instant download

Description

The Judgment Against Property with Find in Franklin is a legal document that serves to establish a lien against real property owned by a specified party after a judgment has been obtained. This document is essential for attorneys, partners, and paralegals who need to secure a claimant's interest in a debtor's property within Franklin County. The form requires clear identification of the judgment debtor and the property at stake, and it must be filed in the appropriate county to be enforceable. It is crucial for users to adapt the provided model letter to their specific circumstances, ensuring accurate details such as names, property addresses, and dates. Legal assistants can assist in the preparation and filing process by ensuring all necessary information is included. This form is particularly useful in real estate and debt collection cases where property liens may enforce payment. Users should also be mindful of any additional counties where the debtor may own property to ensure comprehensive lien coverage. Overall, this document serves as a vital tool for ensuring that a creditor's rights are protected in relation to a debtor's real estate holdings.

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FAQ

S.C. Code Ann. § 15-35-810. A judgment becomes a lien on real property for a period of 10 years.

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.

If an execution sale does not take place within a period of five years (where the plaintiff is someone other than the state) or between 10 and 15 years where the plaintiff is the state, the underlying judgment becomes dormant.

To collect your judgment through a bank account attachment, complete the following three steps: Find out the name of the Judgment Debtor's bank, the bank's address, and the Judgment Debtor's account number. Obtain and complete the OTW Garnishment Packet. File the "OTW" Garnishment Packet with the Clerk of Court.

Bank accounts, including bank names, account numbers, and account type (savings or checking) Brokerage accounts and securities holdings, including company names and account numbers. Real estate holdings, including addresses. Vehicles owned, including the makes, models, years, and license plate numbers.

A judgment lien existing against real property at the time of a judgment debtor's death shall expire two years thereafter or ten years after filing of the judgment-roll, whichever is later. Disclaimer: These codes may not be the most recent version.

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Judgment Against Property With Find In Franklin