South Carolina Judgment Collection Attorney
Do you have a South Carolina judgment collection or a judgment recovery that you need assistance in collecting? Do you need to domesticate a judgment from another state in South Carolina? If so, we can help you find assistance to collect on your South Carolina judgment.
You have won in court but guess what, all you have is a judgment that you now need to collect. In many cases the party may have assets hidden that you or the Sheriff cannot locate. What you need is a South Carolina attorney experienced in locating assets and then have the
Sheriff attach and sell for in order to satisy your judgment or lien. If you need legal assistance with satisfying a South Carolina judgment, simply fill out the form and we will provide you with a reference to a South Carolina attorney.
Please note. The South Carolina Supreme Court, in Eddie Roberts v. Glen LaConey, d/b/a Refunds Plus, held that many of the actions required to recover on a South Carolina judgment required the services of a South Carolina lawyer. Only a South Carolina lawyer can prepare the pleadings and other actions necessary to represent you in the courts of South Carolina. Our referral service will put you in touch with local attorneys that will agressively pursue the collection of your South Carolina judgment.
Steps to Collect a South Carolina Judgement
First, you have to win in court of course. If you have a judgment in another state, you can transfer the judgment to South Carolina and it will be recognized under the "Full Faith and Credit" clause of the Constitution.
The first step is to file your judgment with the clerk of court in the county where the defendant resides or has property. You can file in as many counties as you wish. The clerk will require a $10.00 filing fee. Then you can fill out another form (writ of execution) to take to the Sheriff. You have to also have this signed by the Clerk of Court. Next you take this to the Sheriff and pay another fee of $25.00. The Sheriff will mail the defendant a "please pay what you owe" letter to the defendant. Usually this goes straight in File 13.
The Sheriff will also conduct a public records search to see if there are any assets of record in the exact name of the defendant. If you are filing a lawsuit, it will pay you or your attorney to search the records to see if the defendant owns any property and exactly how it is listed. Then you need to list that exact name on your pleadings. Otherwise the judgment collection will fail.
You can expect the defendant to have transferred any real property into someone else's name in order to keep it out of the Sheriff's hands. This can involve some extensive research of relatives to find out if there have been any fraudlent transfers that can be reversed.
South Carolina does not allow the garnishment of wages to satisfy a judgment.
If the Sheriff cannot locate any assets, your South Carolina judgment attorney will have to file supplement proceedings before the Master in Equity. That will require the defendant to bring to court all of his financial records for review. If your judgment collection is substantial, the defendant can be expected to file for bankruptcy and discharge your South Carolina judgment.
You may have just won the battle but lost the war.
If you need assistance on your South Carolina judgment, call South Carolina Attorney Wayne Patterson for a free consultation at 864-233-8066.
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