South Carolina Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

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US-02741BG
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Description

Attachment in legal terminology means a preliminary legal seizure of property to force compliance with a decision which may be obtained in a pending suit. Before a final judgment is issued, the court may order the sheriff or other proper officer to seize any property; credit, or right, belonging to the defendant, in whatever hands the same may be found, to satisfy the claim which the plaintiff has against him. In some states, an order of attachment can only be issued when a debtor is shown to be fleeing or concealing themselves from the legal process, so that the attached property can satisfy a judgment that may be awarded in the complainant's favor. In criminal law practice, it may refer to a writ requiring a sheriff to apprehend a particular person, who has been guilty of a contempt of court, and to bring the offender before the court.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Motion For Release Of Property From Levy In Attachment Proceeding Due To Excess Amount Attached?

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FAQ

In South Carolina, the statute of limitations for most types of consumer and business debt is three years.

Attachment is a statutory remedy (beginning at S.C. Code Ann. § 15-19-10), which enables a magistrate, upon the action of plaintiff, to attach property of a defendant which is within the territorial jurisdiction of the court.

The bank levy allows a bank to freeze the account(s) of a debtor until all the sought-after debt is repaid in full. If the levy is not lifted, the creditor can take the funds from the bank account and apply them to the total debt owed.

South Carolina law permits creditors to execute bank levies against debtors, but exempts certain types of accounts and monies from seizure. The procedure in South Carolina to obtain funds in an account is usually via a supplemental hearing in state Equity Courts to enforce a civil judgment against a debtor.

If the debt amount is accurate, the most straightforward way to stop a bank account levy is to pay the money you owe. As mentioned above, contacting your creditor may help as you may get some kind of repayment plan.

Keep in mind: In South Carolina, a creditor's ability to collect under a judgment lien will be affected by a number of factors -- including a fixed amount of value that won't be touchable if the property is the debtor's primary residence (called a homestead exemption), other liens that may be in place, and any ...

§ 15-35-400 and Rule 68 of the South Car- olina Rules of Civil Procedure, which pro- vide that any party to a civil action may file, no later than twenty (20) days before the trial date, a written Offer of Judg- ment signed by the party or its attorney, offering to either take judgment in the offeror's favor, or to ...

South Carolina law says that you can't stop creditors from contacting you at home, but you can write them and ask them to stop contacting you at work. There are other laws that protect you in this situation. Other actions that debt collectors take that would be against these other laws include: Invasion of privacy.

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South Carolina Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached