South Carolina-Enforcing Judgement

[Suzy163]

What is the name of your state?What is the name of your state? South Carolina

I live in Columbia, SC. All persons and property involved are located in Columbia, SC.

To enforce a judgement, can I do any of the following in order to get my money?

1. Force person to use money they have in Certificates of Deposit.
2. Force person to use money they have in a checking account.
3. Force person to sell house/property they own.
4. Force person to sell autos they own.

Will I have to "stand in line" if others have judgements dated before mine?

 

[JETX]

To enforce a judgement, can I do any of the following in order to get my money?
1. Force person to use money they have in Certificates of Deposit.

No. However, you could levy against the CD.

2. Force person to use money they have in a checking account.

No. However, you could garnish the funds.

3. Force person to sell house/property they own.

No. However, you could file a lien against the property and possibly force its seizure and auction.

4. Force person to sell autos they own.

No. However, you can request a levy against the non-exempt value of the vehicle(s).

Will I have to "stand in line" if others have judgements dated before mine?

Not if they haven't actually completed their processes first.

 

[Suzy163]

Follow-up Question

In reference to my original post and the reply (above).....

What if a levy is placed on the debtor's CDs, the checking account garnished, and someone else has a Promissory (sp) Note signed by the debtor. In other words, the person who owes me money has money in the bank but someone else has a signed note in an amount that is more than what is in the bank. The note is dated months before my case began.

Will the person holding the signed note have a chance at the money before I do?

 

[JETX]

What if a levy is placed on the debtor's CDs, the checking account garnished, and someone else has a Promissory (sp) Note signed by the debtor. In other words, the person who owes me money has money in the bank but someone else has a signed note in an amount that is more than what is in the bank. The note is dated months before my case began.

Will the person holding the signed note have a chance at the money before I do?

Possibly. Your only recourse would be to do the required processes (levy, garnishment, etc.) and see if the other party files a motion to challenge your actions. If they do, the court will then hold a hearing to determine what their 'right to claim' is.... and whether it is superior or inferior to your judicial claim.

 

[Suzy163]

Thanks

Thanks, JETX. You have been very helpful.

 

[JETX]

Thanks, JETX. You have been very helpful.

You're welcome.

 

[stangman]

South Carolina
I have a question concerning this matter. My wife had a judgement from a woman that is out of state. We received a letter that she may be able to garnish the funds from her checking account. I got an anonymous tip that South Carolina may not allow out of state actions from an individual. Is this true?

 

[hbreen]

Even though she is out of state, if she domesticates the judgment in the county you are in, she may be able to freeze your bank account. Realize that a judgment is a court order to pay the funds. There are provisions to help Judgment Creditors get the money the court says the debtor owes!

 

[JETX]

South Carolina
I have a question concerning this matter. My wife had a judgement from a woman that is out of state. We received a letter that she may be able to garnish the funds from her checking account. I got an anonymous tip that South Carolina may not allow out of state actions from an individual. Is this true?

Please don't hijack someone elses thread. It is both rude and confusing. And Ms. Breen.... please don't support or condone 'thread hijacking'.

 

[hbreen]

Sorry - consider my hand slapped!