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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.
Wages ? There is no wage garnishment in South Carolina for judgments on consumer debt. This means they cannot garnish your wages to pay a judgment on a consumer debt. Real Property (your house of land) ? If you have less than $59,100 in equity in your home then it is exempt from attachment, levy or sale.
Section 22-3-10, as limited by § 22-3-20, sets out magisterial jurisdiction over fourteen areas of civil subject matter as follows: 1. Actions on contracts for the recovery of money, where the claim does not exceed $7,500.00; 2.
In South Carolina, you can protect up to $50,000 of your home equity from creditors. This means that if you owe money to a creditor, they cannot force the sale of your home to satisfy the debt, as long as the equity in your home is $50,000 or less.
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.
In South Carolina, a portion of your home's equity is considered exempt during bankruptcy. As of 5/2023, the South Carolina exemption for each debtor is $67,100. If there is more than one person filing, you would double this amount as long as they are on the deed.
SECTION 34-31-20. Legal rate of interest. (A) In all cases of accounts stated and in all cases wherein any sum or sums of money shall be ascertained and, being due, shall draw interest ing to law, the legal interest shall be at the rate of eight and three-fourths percent per annum.
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.