South Carolina Civil Judgment (Unpaid Restitution Converted to Civil Judgment)
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FAQ
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to give up their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to pay the claimant for their loss.
Payments cannot be made directly to victims, but must come through the DJJ Fiscal Affairs Office via Money Order, Cashier's Check, or by using the online payment processing service (button located in the top right section of this page).
The criminal or juvenile delinquency court order for restitution can be changed into a civil judgment. Judges often order the restitution changed into a civil judgment if the offender has not paid in full and the probation sentence is expiring.
South Carolina Code 17-25-65 allows the State to seek a reduction in a defendant's sentence where they haveprovidedsubstantial assistance to the State. Judges do not make the law, rather they apply the laws enacted by the GeneralAssembly.
If you don't pay the restitution, the Court may have several options including revoking your supervised release or probation, holding you in contempt of court, or converting your restitution amount to a civil judgment against you.
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.
In order to domesticate a judgment, UEFA requires that an authenticated copy of the foreign judgment be filed with the court clerk in any county in South Carolina in which the judgment debtor either resides or has property located.
The restitution hearings must be held unless the defendant in open court agrees to the amount due, and in addition to any other sentence which it may impose, the court shall order the defendant make restitution or compensate the victim for any pecuniary damages.