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
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How to fill out Motion For Satisfaction Of Money Judgment By 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.