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Clearly state that you are writing a judgment proof letter and explain the purpose of the letter, which is to demonstrate your inability to pay the judgment. Provide a brief explanation of your current financial situation, including any income, assets, or debts you may have.
Hear this out loud PauseCan I go to jail for not paying a judgment? No, you cannot go to jail for not paying a judgment. A judgment means the company can try to collect from you, it does not mean you have to pay them if you are unable to. (See South Carolina Legal Services' brochure: ?Being Judgment Proof?.
Hear this out loud PauseIn South Carolina, a judgment lien can be attached to real estate only.
A judgment lien in South Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.
Hear this out loud PauseFirst, 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.
Generally, where the court's judgment requires payment of money, the most common remedy in magistrate's court is execution. The process to enforce a judgment for the payment of money shall be by writ of execution and shall be conducted as provided by law.
Hear this out loud PauseA 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.