Title: Understanding the South Carolina Release of Judgment Lien — Abstract of Judgment Introduction: In South Carolina, the Release of Judgment Lien — Abstract of Judgment plays a critical role in resolving and removing judgment liens. This legal process allows individuals or entities to release a judgment lien and obtain an abstract of judgment, which signifies the release's acknowledgment. This article provides a detailed description of the South Carolina Release of Judgment Lien — Abstract of Judgment, covering its purpose, procedure, and alternative types available. 1. Purpose of the South Carolina Release of Judgment Lien — Abstract of Judgment: The purpose of this legal process is to relieve a debtor from the burden of an existing judgment lien. By releasing the lien, the debtor regains control over their property/assets, and the judgment creditor acknowledges this release by obtaining an abstract of judgment. 2. Procedure for Obtaining a South Carolina Release of Judgment Lien — Abstract of Judgment: To initiate the process, the debtor or their legal representative must fill out a Release of Judgment Lien form, providing details such as the case number, judgment amount, and original date of judgment. This form needs to be submitted to the South Carolina County Clerk's Office, where the original judgment was filed. 3. Types of South Carolina Release of Judgment Lien — Abstract of Judgment: While the term "South Carolina Release of Judgment Lien — Abstract of Judgment" generally refers to the procedure mentioned above, it's essential to note that there may be variations based on specific circumstances. Here are three different types of Release of Judgment Lien — Abstract of Judgment that can be sought in South Carolina: a. Full Satisfaction Release of Judgment Lien — Abstract of Judgment: This type of release is applicable when the judgment has been paid in full, and the creditor has acknowledged the satisfaction of the judgment. The full satisfaction release serves as proof that the lien has been released and the debtor's property/assets are no longer encumbered. b. Partial Satisfaction Release of Judgment Lien — Abstract of Judgment: In cases where the debtor has made partial payments towards the judgment, the creditor may agree to release a portion of the lien amount. The partial satisfaction release acknowledges the partial payment and decrees that the released portion of the lien no longer affects the debtor's property/assets. c. Release of Judgment Lien — Abstract of Judgment by Negotiation: In certain instances, the judgment creditor may be open to negotiating the release of the lien. This typically occurs when the debtor demonstrates a willingness to settle the judgment outside of court, often through a structured payment plan or lump-sum payment. Upon successful negotiation, a release of judgment lien is executed, outlining the agreed-upon terms. Conclusion: The South Carolina Release of Judgment Lien — Abstract of Judgment process offers debtors the opportunity to release judgment liens and regain ownership of their property/assets. By understanding the purpose, procedure, and different types of release, individuals or entities can navigate this legal process effectively and obtain the necessary abstracts or releases to rectify their judgment liens. It is advised to consult with legal professionals for accurate guidance and assistance tailored to specific circumstances.
South Carolina Release of Judgment Lien - Abstract of Judgment
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Complete the Motion form. Explain the reason why you feel the judgment should be vacated. You may attach any supporting documents. NOTE: Now is not the time to explain your allegations or defenses of the case-only why the judgment should be vacated.
Unless the judgment is earlier satisfied or the judgment lien is released, a real property judgment lien typically remains in effect for 10 years from the date of entry of the judgment. See CCP § 697.310(b).
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.
You must file the Motion to Vacate within 180 days of learning about the judgment against you. It is best practice to file as soon as possible after learning of the judgment. 1. Fill out a Notice of Motion to Vacate Judgment and Declaration (Form SC-135).
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.
A vacated judgment (also known as vacatur relief) legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions.
If you were sued and lost because you did not appear in court, you can file an SC-135 Notice of Motion to Vacate Judgment. By filing this motion, you are asking the court to cancel the judgment entered against you and to give you a new trial.
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.
