kevinreece said:
I won a judgment against the party I was suing, and it has been over 30 days since the court appearance. I have already asked for and received all of the documentation from the court to file a lien against the other party, and also the writ of execution. Since I have received these documents, and am planning on going ahead with the seizure, can the other party now file an Appeal?
In South Carolina.
Thanks!
Kevin
Small Claims
Q: When is a case a matter for "Small Claims", and when is it "Common Pleas"?
Generally speaking, when the amount or value of property in dispute is less than $7,500 the matter is filed and heard in Small Claims Court.
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Q: How do I file a Small Claims case? Is there a charge?
A Small Claims action is commenced by the filing and service of a summons and complaint, together with the appropriate filing fees. Parties instituting a Small Claims action are required to pay the filing fee at the time the case is filed. The current fee is $55. Complaints may be accompanied by an application to proceed in forma pauperis, meaning that the plaintiff is incapable of paying the filing fee.
Summons and complaint forms are available at either of the two Small Claims Courts in Charleston County. You must bring a current Charleston County address for the person against whom you wish to file the case so that the summons may be properly served. If you are attempting to collect from a person who lives outside Charleston County, or from a business located in another county, you must file your case in the county in which the person resides, or in which the business is located.
Q: Where Do I file a Small Claims Case?
Small Claims cases (civil claims under $7,500) are filed with one of the two Small Claims Magistrates' Courts in Charleston County. The Small Claims Court in Charleston is located at 995 Morrison Drive, and is open Monday through Friday from 8:30 AM to 5:00 PM. The North Charleston Small Claims Court is located at 2144 Melbourne Drive, Room 103, and is open Monday through Friday from 8:30 AM to 5:00 PM.
Q: I have a judgment from Small Claims Court. How do I have it executed?
Transcripts of Judgment are filed with the Clerk of Court; executions against property are performed by the County Sheriff. Simply bring in your transcript of judgment and file it with the clerk, along with an execution form that must be filled out by you or your attorney. The clerk will sign and seal the execution. Because cases from a lower court may be appealed for 30 days following the judgment, you must wait 30 days before you can have the judgment executed. After the 30-day waiting period, take your transcript of judgment and execution against property to the County Sheriff's office.
Good luck to you.
IAAL
