South Carolina Release of Judgment Lien - Full Release

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Multi-State
Control #:
US-OG-1113
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Release of Judgment Lien - Full Release

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FAQ

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.

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South Carolina Release of Judgment Lien - Full Release