South Carolina Avoiding Judicial Lien (Order) is an order issued by a court in the state of South Carolina that prohibits a lien from attaching to a piece of real property owned by a debtor. This order is typically issued when a creditor has obtained a judgment against the debtor and is attempting to recover the debt by attaching a lien to the debtor's real estate. The purpose of the order is to protect the debtor's real estate from being sold or mortgaged to satisfy the debt. There are two types of South Carolina Avoiding Judicial Lien (Order): Temporary Avoiding Judicial Lien (Order) and Permanent Avoiding Judicial Lien (Order). A Temporary Avoiding Judicial Lien (Order) is usually granted for a set period of time, while a Permanent Avoiding Judicial Lien (Order) is in effect until the judgment is satisfied or discharged.
South Carolina Avoiding Judicial Lien (Order)
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FAQ
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.
What kind of property is subject to a judgment lien under South Carolina law? In every state, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest.
A magistrate's judgment is valid for three years, whereas a circuit court judgment is valid for ten years.
20 year period under 29-1-10 may apply. 20 Years from maturity (or date of mortgage, if no maturity date).
What Is a Motion to Avoid a Judicial Lien in Bankruptcy? A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.
In contrast, a specific lien is one that attaches to a specific asset. For example, a mortgage bank has a lien on the piece of real estate they financed the purchase of. In a specific lien, the asset was specifically offered as collateral in exchange for the loan or credit.
Judgment Proof Assets and Consumer Debt While a judgment can feel like a win, finding assets to collect can be challenging. In South Carolina, judgment exemptions generally apply to a person's personal property and their homestead.