Keywords: South Carolina, Release of Judgment Lien, Full Release, Types Description: In South Carolina, a Release of Judgment Lien — Full Release is a legal document that effectively removes a judgment lien that has been placed on a debtor's property. The release frees the property from the encumbrance of the lien, allowing the debtor to regain control and ownership without restrictions or effects from the judgment. There are a few different types of Release of Judgment Lien — Full Release in South Carolina, each serving a specific purpose depending on the circumstances: 1. Voluntary Release: A voluntary release occurs when the judgment creditor willingly releases the judgment lien after receiving payment or satisfaction of the debt. In this case, the debtor may negotiate and communicate with the creditor to mutually agree on the terms of the release. 2. Compromise Release: If the debtor and creditor reach a compromise, where the debtor agrees to pay a lesser amount than the original debt, a compromise release is utilized. This type of release removes the lien upon receipt of the agreed-upon payment. 3. Partial Release: In certain cases, the debtor may have satisfied only a portion of the judgment lien. In such situations, a partial release of the judgment lien may be filed, indicating the removed portion while preserving the remaining lien on the property. 4. Statutory Release: South Carolina law provides provisions for a statutory release, which allows the debtor to request the release of a judgment lien after a specific period has passed without any legal enforcement actions by the creditor. The debtor must meet certain criteria determined by the law to be eligible for this type of release. No matter the type of South Carolina Release of Judgment Lien — Full Release, seeking legal advice or assistance is strongly recommended ensuring the proper preparation, execution, and filing of the release document. This helps prevent any complications or disputes that may arise during the process.
South Carolina Release of Judgment Lien - Full Release
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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.
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.
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?.
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.
If you don't pay the judgment or agree to a payment plan, the creditor must go through a separate judgment collection procedure. 6. During the judgment collection process, you may find that most if not all of your property and income cannot be taken for payment on the judgment.
If a judgment debtor does not voluntarily pay the judgment, the judgment creditor can try to collect the money from the judgment debtor involuntarily. This is called ?executing? the judgment. A judgment creditor can execute upon a judgment debtor's wages, real property, bank account, or cash box.
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.
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.