South Carolina Release of Judgment Lien on Properties and Assets of Defendant

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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. Laws regarding judgment liens vary by jurisdiction, so local laws should be consulted.

Title: Understanding the South Carolina Release of Judgment Lien on Properties and Assets of Defendant Introduction: In South Carolina, a release of judgment lien on properties and assets of a defendant refers to the legal process by which a judgment holder acknowledges that the judgment debt has been satisfied and releases any liens on the defendant's properties and assets as a result of the judgment. This comprehensive guide will delve into the various aspects of the South Carolina release of judgment lien, highlighting its importance, procedures, and potential types. Keywords: South Carolina, release of judgment lien, properties, assets, defendant, types 1. Definition and Purpose of Release of Judgment Lien: The South Carolina release of judgment lien is a procedure designed to release any claims or liens placed on a defendant's properties and assets as a result of a judgment. The purpose is to acknowledge that the judgment debt has been fully satisfied and to clear any encumbrances on the defendant's properties and assets. Keywords: definition, purpose, claims, liens, satisfied, encumbrances 2. Significance of Release of Judgment Lien: The release of judgment lien is crucial as it allows the defendant to regain control over their properties and assets, free from any restrictions or limitations imposed by the previous judgment. This process ensures fairness and upholds the rights of the defendant once the judgment debt is repaid. Keywords: significance, control, properties, assets, fairness, rights, repaid 3. Process of Obtaining a Release of Judgment Lien: To obtain a release of judgment lien in South Carolina, the defendant or their legal representative must file a formal request with the court. The request must include relevant documentation proving the satisfaction of the judgment debt. After reviewing the request, the court will issue an order releasing the judgment lien on the defendant's properties and assets. Keywords: obtaining, request, documentation, satisfaction, court, order 4. Types of South Carolina Release of Judgment Lien (if applicable): a) Voluntary Release: In cases where the judgment debt is fully satisfied, the judgment holder voluntarily releases the judgment lien on the defendant's properties and assets, allowing them to regain full control without further legal action. b) Statutory Release: In some instances, South Carolina law provides specific circumstances that automatically release the judgment lien on properties and assets upon fulfillment of certain conditions, as outlined in the respective statutes. Keywords: types, voluntary release, statutory release, South Carolina law, conditions, statutes Conclusion: The South Carolina release of judgment lien is a vital legal procedure that grants defendants the freedom to reclaim their properties and assets once the judgment debt is paid in full. Understanding the process and types of release available is essential for both judgment holders and defendants to navigate this legal aspect effectively. Keywords: conclusion, legal procedure, freedom, paid in full, process, types, navigate

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Complete the Motion form. Explain the reason why you feel the judgment should be vacated. You may attach any supporting documents. NOTE: Now is not the time to explain your allegations or defenses of the case-only why the judgment should be vacated.

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.

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.

While the law is a little unclear, it is generally recognized in South Carolina that if a person who is owed money (also called a judgment creditor) does not begin court action to execute the judgment within 10 years from the date the judgment is entered, then the judgment will be deemed to have expired.

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

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.

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Oct 20, 2014 — Process for Collecting a Civil Judgment in South Carolina · 1. Obtain a Valid Judgment · 2. Executing the Judgment · 3. Supplemental Proceedings - ... In South Carolina, a property lien can be used to collect a court judgment. Here's how it works.Judgments do not constitute a lien on exempt property. Section 15-35-810 shall not be construed so as to make final judgments in any case a lien on the real ... After the issuing of an execution against property and upon proof by affidavit of a party or otherwise, to the satisfaction of the court or a judge thereof, ... Actions to foreclose liens or obtain partition of real property shall be tried by the court, and shall ordinarily be referred to a master pursuant to Rule 53. File the notice of confiscation with the pending warrants by defendant's name. If there is no pending warrant on file, alphabetically file the notice, and ... Sep 22, 2023 — The library cannot help you fill out forms. On this page: Forms from the South Carolina Judicial Department ... Exhibit or File Release - SCCA497 ... A judgment lien on real or personal property expires after 20 years. Fla. Stat. § 55.081. GEORGIA. A judgment becomes dormant and unenforceable when seven years. The judgment creditor should carefully examine the title report before submitting the $1500.00 deposit. Liens and age of property should be considered so as to ... 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.

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South Carolina Release of Judgment Lien on Properties and Assets of Defendant