South Carolina Sample Letter for Judgment - Garnishment
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How to fill out Sample Letter For Judgment - Garnishment?
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FAQ
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.
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.
Summary Court in South Carolina is also known as Magistrate Court - the Judge is called a Magistrate. Credit card companies, finance companies and other debt collectors (called "creditors") can file lawsuits to collect debt from you in these courts if the amount is less than $7500.
If you received a Summons and Complaint it is important that you file an Answer within 30 days of being served. You must also mail a copy to the Plaintiff or their lawyer (if they have one) before you file the answer with the court.
In South Carolina, the statute of limitations for most types of consumer and business debt is three years. Residents of South Carolina have several rights when it comes to paying off debt and it is important to understand each one to avoid being taken advantage of by debt collectors.
While a prayer for judgment is used in North Carolina, it is not available in South Carolina.
Follow these three steps to respond to a South Carolina debt collection lawsuit: Answer each issue of the Complaint. Assert your affirmative defenses. File the Answer document with the court, and serve the plaintiff with a copy.
I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.
