South Carolina Motion for Satisfaction of Money Judgment by Judicial Sale

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US-03261BG
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A judicial foreclosure proceeding can be initiated at any time after default on a secured obligation or a judgment which constitutes a lien on real property. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. 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.

South Carolina Motion for Satisfaction of Money Judgment by Judicial Sale is a legal document filed after a court judgment has been made, allowing a creditor to enforce the judgment by selling the debtor's property to satisfy the owed amount. This motion is commonly used in situations where a debtor has failed to meet their financial obligation, and the court grants the creditor the authority to forcibly sell the debtor's property to recover the outstanding debt. In South Carolina, there are various types of motions for satisfaction of money judgment by judicial sale related to different scenarios: 1. Executory Judgment: This motion is filed when a debtor fails to pay the judgment amount ordered by the court within the specified time frame. By filing this motion, the creditor requests the court's permission to initiate a judicial sale of the debtor's property to satisfy the outstanding money judgment. 2. Default Judgment: When a debtor fails to respond or appear in court after being served with a valid complaint, the court may grant a default judgment in favor of the creditor. In such cases, the creditor can file a motion for satisfaction of money judgment by judicial sale to enforce the judgment and recover the owed amount. 3. Post-Judgment Remedies: This type of motion is filed when a debtor fails to fulfill their financial obligation even after a judgment has been obtained. The creditor seeks court approval to proceed with the execution of the judgment by selling the debtor's property to satisfy the money judgment. 4. Forced Sale: In certain situations, the court may authorize a forced sale of the debtor's property to satisfy a money judgment. The creditor must file a motion for satisfaction of money judgment by judicial sale, requesting the court's approval to proceed with the sale of the specific property mentioned in the judgment. These various types of South Carolina motions for satisfaction of money judgment by judicial sale play a crucial role in allowing creditors to recover owed debts when debtors fail to comply with court orders. It is essential for both creditors and debtors to understand the implications of such motions, as they involve significant legal consequences and the potential loss of valuable assets through a judicial sale.

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FAQ

If an injured party wins a lawsuit against you, just about anything of value could be seized, including: Bank accounts. Boats. Jewelry. Real estate. Vehicles.

In South Carolina, a judgment lien can be attached to real estate only.

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.

Only parties who have appeared and filed pleadings in the action shall be entitled to the usual notice of hearings and other proceedings unless the pleadings state an unliquidated claim.

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.

A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution?and in proceedings supplementary to and in aid of judgment or execution?must with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.

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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... the sheriff towards the satisfaction of such judgments, executions or decrees. ... In the event that the property, when so exposed for sale by the sheriff as ... If the judgment is for the recovery of money, the execution may be ... sale of the attached property and the satisfaction of the judgment from the proceeds.... judgment entitled to full faith and credit. (A) The judgment debtor may file a motion for relief from, or notice of defense to, the foreign judgment on the ... A real estate foreclosure is the legal action the lender files with the court asking the court to sell the property to satisfy the debt. Has a foreclosure ... Oct 20, 2014 — If the writ has been returned nulla bona or the judgment is not fully satisfied, the judgment creditor may apply to the court for supplemental ... Sep 22, 2023 — The library cannot help you choose a form. The library cannot help you fill out forms. On this page: Forms from the South Carolina Judicial ... ... motions to continue the matter and motions to sell all or certain property of judgment debtor in satisfaction of the Plaintiff's debt and has authority to ... Jul 27, 2021 — If you cannot agree on a payment plan, the judgment debtor can file a form called Request to Make Payments (SC-220) . The court will mail you a ... The Sheriff will give the money to the judgment creditor. The order stays in effect ... Satisfaction voluntarily, write a letter to them and ask that they do so. ... Court for a fee of thirty-five dollars ($35.00). When filing a Magistrate Judgment with the Clerk of Court you must file the original Magistrate's order.

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South Carolina Motion for Satisfaction of Money Judgment by Judicial Sale