If an owner of an interest in real property has had a judgment obtained against him or her, this form addresses a release of that judgment lien.
South Carolina Release of Judgment Lien by Creditor
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State:
Multi-State
Control #:
US-OG-540
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Word;
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How to fill out Release Of Judgment Lien By Creditor?
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FAQ
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.
A judgment lien in South Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.
S.C. Code Ann. § 15-35-810. A judgment becomes a lien on real property for a period of 10 years.
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.
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.
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.
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?.
Although personal property counts, such as furnishings and personal items, this personal property often does not present enough value. The debtor really needs to own real property or have financial assets, such as stocks and bonds, for it to be worth the time and money to attempt to execute a judgment.