South Carolina Sample Letter to Judge with Agreed Judgment
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How to fill out Sample Letter To Judge With Agreed Judgment?
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FAQ
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.
(j) Case Stricken From Docket by Agreement. A party moving to restore a case stricken from the docket shall provide all parties notice of the motion to restore at least 10 days before it is heard. Upon being restored, the case shall be placed on the General Docket and proceed from that date as provided in this rule.
First, 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.
Can I get a prayer for judgment? While a prayer for judgment is used in North Carolina, it is not available in South Carolina.
If a judgment debtor does not voluntarily pay the judgment, the judgment creditor can try to collect the money from the judgment debtor involuntarily. This is called ?executing? the judgment. A judgment creditor can execute upon a judgment debtor's wages, real property, bank account, or cash box.
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.
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?.
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.
