South Carolina Release of Judgment Lien — Full Release is a legal document used to release a judgment lien placed on a property in South Carolina. A judgment lien is a claim placed on a property by a creditor as a result of a court judgment against the property owner. This lien can hinder the property owner's ability to sell or refinance the property until it is released. In South Carolina, there are different types of Releases of Judgment Lien — Full Release, including: 1. Voluntary Release: This occurs when the judgment creditor chooses to release the lien voluntarily, typically after the judgment debt has been paid in full or settled through negotiation. The creditor files a Voluntary Release with the appropriate county recorder's office to officially release the lien. 2. Satisfaction of Judgment: This type of release is used when the judgment is satisfied, meaning the debtor fulfills their obligation to pay the judgment debt, including any accrued interest and fees. The creditor files a Satisfaction of Judgment with the county recorder's office to notify that the judgment has been fully satisfied, resulting in the release of the lien. 3. Expiry: In some cases, a judgment lien may expire after a specific period if it is not renewed or enforced. This typically happens after ten years in South Carolina, and once the expiration period lapses, the lien automatically releases. A South Carolina Release of Judgment Lien — Full Release document typically includes relevant details such as the names of the judgment creditor and debtor, the court case number, the property address, and the amount of the judgment debt. It also includes a statement indicating that the creditor releases any claim or interest in the property, and that the lien is no longer valid or enforceable. Submitting a properly executed Release of Judgment Lien to the county recorder's office is crucial to ensure that the lien is removed from the property's title, giving the owner the freedom to sell or refinance without any encumbrances. It is advisable to consult with a legal professional for assistance in preparing and filing the appropriate release form in South Carolina to ensure compliance with state laws and procedures.
South Carolina Release of Judgment Lien - Full Release
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How to fill out South Carolina Release Of Judgment Lien - Full Release?
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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?.
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.
Since a magistrate may not punish a party for contempt for failure to obey a judgment of his court, he must resort to other methods of enforcement. If the judgment requires the turning over of personal property to another, as in a claim and delivery action, resort may be had to the remedy of execution. (S.C.
If you do not wish to continue any of your liens, no action is required. If you are a lienholder and need to remove a lien from a title, complete the lien release on the front of the title document, submit a letter on company letterhead or you may release the lien electronically on electronic titles.
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.
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.
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.
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.
