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South Carolina Lien on Real Property Regarding Judgment in a Federal Court

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A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."
Judgment liens may be created through a wide variety of circumstances.

A South Carolina lien on real property regarding judgment in a federal court refers to the legal claim placed on a property as a result of an unpaid federal court judgment. It is a legal tool used by creditors to secure their interests and ensure that they can collect the money owed to them. When a creditor successfully obtains a judgment against a debtor in a federal court, they may seek to enforce the judgment by placing a lien on the debtor's real property in South Carolina. This allows the creditor to have priority over other creditors and potentially recover the amount owed from the sale proceeds of the property. There are different types of liens that can be placed on real property in South Carolina regarding judgments in a federal court. These include: 1. Judgment Lien: This is the most common type of lien placed on real property following a judgment in a federal court. It gives the creditor the right to collect the amount owed by seizing and selling the debtor's property. 2. Mechanics' Lien: In certain circumstances, contractors, subcontractors, or suppliers who have provided labor or materials for the improvement of real property can file a lien against the property to secure payment for their work. However, this type of lien is not directly related to judgments in federal courts and is governed by different laws. 3. Tax Lien: Federal and state tax authorities may place liens on real property in South Carolina to secure unpaid tax debts. These liens are usually initiated by the Internal Revenue Service (IRS) or the South Carolina Department of Revenue and can affect the debtor's ability to sell or refinance the property. 4. Child Support Lien: In cases where there are outstanding child support payments, the South Carolina Department of Social Services (DSS) can file a lien on the debtor's real property. This lien is meant to ensure that the delinquent child support payments are satisfied before the property can be sold. It is important to note that the process of placing a lien on real property regarding judgment in a federal court can be complex and typically requires legal expertise. It is advisable for creditors and debtors to seek professional guidance to understand their rights and obligations in these situations.

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FAQ

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.

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.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In South Carolina, a judgment lien can be attached to real estate only.

Obtain a Valid Judgment If you have won a civil lawsuit in South Carolina, your judgment will be valid for 10 years from the date the judgment is entered. However, if you have won a lawsuit in a court outside of South Carolina, you must ?domesticate? the judgment.

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.

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

Can 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?.

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In South Carolina, a property lien can be used to collect a court judgment. Here's how it works. Mar 9, 2020 — (B) A final judgment or decree may be renewed or revived for a period of ten years by an application filed in the office of the Clerk of Court ...Lien. SECTION 15-35-810. Judgments lien on real estate continue for ten years. Final judgments and decrees entered in any court of record in this State ... ... the hard copy of the file from the Federal Court. ... Note: When in doubt as to whether real or personal property is affected, the final judgment should be ... Description: A finding aid for liens on personal property under the Uniform Commercial Code adopted for South Carolina as of January 1968. Information ... All real or personal property owned by anyone listed on the SCDOR's State Tax Lien Registry is subject to the lien. The current lien balance on the State Tax ... Oct 20, 2014 — If you have won a civil lawsuit in South Carolina, your judgment will be valid for 10 years from the date the judgment is entered. Judgments are valid until satisfied or discharged; however, when a period of five years lapses, the judgment holder must file a motion with the court and prove ... A judgment lien is a court ruling giving a creditor the right to take possession of a debtor's property if the debtor doesn't fulfill their obligations. Sep 22, 2023 — Complete the South Carolina Self-Represented Litigant Child Support ... Petition for Sale of Real Estate - 430ES; Exempt Property Claim ...

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South Carolina Lien on Real Property Regarding Judgment in a Federal Court