South Carolina Abstract of Judgment
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FAQ
If you receive a Complaint and decide not to defend your position within 30 days, the Magistrate's Court will enter a Default Judgment. In other words, the Plaintiff will win the lawsuit. This means that the Plaintiff will be entitled to the money or relief that he or she claims that you owe him or her.
Can I go to jail for not paying a judgment? No, you cannot go to jail for not paying a judgment. A judgment means the company can try to collect from you, it does not mean you have to pay them if you are unable to. (See South Carolina Legal Services' brochure: ?Being Judgment Proof?.
A magistrate's judgment is valid for three years, whereas a circuit court judgment is valid for ten years. Therefore, the filing of a magistrate's judgment in circuit court extends the life of the judgment to that of the circuit court's. Judgments in South Carolina may not be renewed.
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.
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.
If you don't pay within the time limit given in the judgment, the other party can have your salary or other property seized by a bailiff. In this situation, the bailiff's fees will be added to the other amounts you have to pay.
If you have won a civil lawsuit in South Carolina, your judgment will be valid for 10 years from the date the judgment is entered.
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.