reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 19 - Attachment › Section 15-19-530. Effecting attachment.

The sheriff or constable to whom such warrant is directed and delivered shall immediately attach the real estate or personal property of the defendant which is described in the warrant and hold it until further order of the court. When real estate is attached a true and attested copy of such warrant shall be, by the officer serving it, delivered to the defendant or left at his last or usual place of residence, and the officer making such service shall also leave a true and attested copy of such warrant of attachment in the office in which, by law, a deed of such estate is required to be recorded. If the party whose estate is attached does not reside in this State then such copy shall be delivered to his tenant, agent or attorney, if any be known, and if no such agent, tenant or attorney be known then a copy of such warrant of attachment, with the officer's return thereon, lodged in the office in which, by law, a deed of such real estate ought to be recorded, shall be deemed sufficient service. The clerk or register of the office wherein the warrant of attachment is required to be lodged shall receive such warrant and enter in a book kept for that purpose the names of the parties, the date of the warrant of attachment, the sum demanded and the officer's return thereon.
HISTORY: 1962 Code Section 10-953; 1952 Code Section 10-953; 1942 Code Section 548; 1932 Code Section 548; Civ. P. '22 Section 521; Civ. P. '12 Section 300; 1904 (24) 452.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 19 - Attachment › Section 15-19-540. Lien of attachment.

The attachment shall be a lien subject to all prior liens and bind the real estate attached from the date of lodgment. It shall be a lien upon the personal property attached from the date of the levy thereon.
HISTORY: 1962 Code Section 10-954; 1952 Code Section 10-954; 1942 Code Section 548; 1932 Code Section 548; Civ. P. '22 Section 521; Civ. P. '12 Section 300; 1904 (24) 452.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 19 - Attachment › Section 15-19-550. Further proceedings.

Further proceedings on the part of the sheriff or constable in reference to the appraisement of the personal property attached or the sale of such personal property as may be perishable shall be such as are required by Sections 15-19-270 and 15-19-280. Further proceedings in reference to the disposition of the bond given by the plaintiff in case of judgment for defendant, the discharge of the attachment and return of property or its proceeds to defendant and the undertaking on the defendant's part shall be such as are required by Sections 15-19-300 to 15-19-340 and 15-19-390.
HISTORY: 1962 Code Section 10-955; 1952 Code Section 10-955; 1942 Code Section 549; 1932 Code Section 549; Civ. P. '22 Section 522; Civ. P. '12 Section 301; 1904 (24) 452.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 19 - Attachment › Section 15-19-560. Verdict or decision shall state whether amount found is for purchase money; order of sale.

In all actions tried by a jury when the plaintiff claims that the action is brought for the recovery of the purchase money for the property attached if the jury find for the plaintiff they shall also state in their verdict whether or not the amount found is for the purchase money of the property attached. And in all cases tried by a judge, he shall, if he decides in favor of the plaintiff, certify whether or not the debt so found by him is for the purchase money of the property seized under the warrant of attachment. In such cases the judge shall direct that the attached property shall be sold by the sheriff or constable and the proceeds arising from such sale be applied in payment of the plaintiff's debt and costs and the surplus, if any, paid over to the defendant.
HISTORY: 1962 Code Section 10-956; 1952 Code Section 10-956; 1942 Code Section 550; 1932 Code Section 550; Civ. P. '22 Section 523; Civ. P. '12 Section 302; 1904 (24) 452.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 27 - Trial And Certain Incidents Thereof › Section 15-27-15. Interpreters for deaf person who is party to legal proceeding, witness therein, or confined to any institution.

(A) Whenever a deaf person is a party or witness in any legal proceeding including, but not limited to, a civil or criminal proceeding, a family court proceeding, an action involving a traffic violation, or other criminal matter heard in magistrates court, or is confined to an institution, the court must appoint as many qualified interpreters or deaf relay interpreters as needed and are approved by the South Carolina Association of the Deaf. The interpreter must be approved by the deaf person and either the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person, unless the deaf person waives having a qualified interpreter, elects to use another individual of his own selection as his interpreter, or the judge finds that it is not necessary for the fulfillment of justice. If a person elects to use an interpreter other than a qualified interpreter provided for in this section, the court must first make a determination that this action is in the best interest of the individual and is in the best interests of justice. The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly.
(B) For purposes of this section:
(1) "Qualified interpreter" means a person eighteen years of age or older who has been certified by the South Carolina Association of the Deaf Interpreter Assessment Program (SCAD-IAP Level IV or V) or the National Registry of Interpreters for the Deaf and who has received approval from the South Carolina Association of the Deaf and who is not a family member of the deaf person.
(2) "Deaf person" means a person who cannot use his hearing for communication purposes.
(C) In an action where the mental condition of a deaf person is being considered and where the person may be committed to an institution, all the court proceedings pertaining to the person must be interpreted to the deaf person in a language that the person understands by a qualified interpreter appointed by the court.
HISTORY: 1987 Act No. 97 Section 1; 1996 Act No. 365, Section 1; 1998 Act No. 390, Section 3; 2001 Act No. 103, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 27 - Trial And Certain Incidents Thereof › Section 15-27-155. Interpreter for party or witness unable to speak English; qualified interpreter defined; fees; centralized list; use of interpreter not on list.

(A) Notwithstanding any other provision of law, whenever a party or witness to a civil legal proceeding does not sufficiently speak the English language to testify, the court may appoint a qualified interpreter to interpret the proceedings and the testimony of the party or witness. However, the court may waive the use of a qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a qualified interpreter is in the best interest of the party or witness and that this action is in the best interest of justice.
(B) An "interpreter" means a person who:
(1) is eighteen years of age or older;
(2) is not a family member of the party or witness;
(3) is an instructor of foreign language at an institution of education; or
(4) has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.
An "interpreter" shall not be a person confined to an institution.
(C)(1) The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court;
(2) The fees for interpreting services may be:
(a) paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly;
(b) paid by one or more of the parties as the court may direct; or
(c) taxed ultimately as costs based on the discretion of the court.
(D) The Division of Court Administration shall maintain a centralized list of qualified interpreters to interpret the proceedings to and testimony of a party or witness. A party or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) and submits a sworn affidavit to the court specifying his or her qualifications.
HISTORY: 1998 Act No. 390, Section 2; 2001 Act No. 103, Section 2.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 28 - Videotaped Depositions › Section 15-28-30. Videotaped depositions of children.

Any party, including a guardian ad litem, during a family court proceeding relating to abuse or neglect, may request a videotaped deposition of a child with appropriate notice to all other parties who shall be given the right of cross-examination. Failure without good cause to attend the deposition or to cross-examine shall not be a ground for objection to the admissibility of the deposition in any proceeding related to the pending action.
HISTORY: 1988 Act No. 649, Section 3.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-10. Computing time for publication of notices.

The time for publication of legal notices shall be computed so as to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication.
HISTORY: 1962 Code Section 10-1301; 1952 Code Section 10-1301; 1942 Code Section 822; 1932 Code Section 822; Civ. P. '22 Section 773; Civ. P. '12 Section 459; Civ. P. '02 Section 421; 1870 (14) 521 Section 440.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-20. Publication in four successive weeks as equivalent of publication for one month or thirty days.

When publication for one month or thirty days is required the publication in four successive weeks shall be sufficient if at least twenty-nine days shall have expired after the first publication thereof on or before the date fixed for the doing of the thing of which notice is given.
HISTORY: 1962 Code Section 10-1302; 1952 Code Section 10-1302; 1942 Code Section 8903; 1932 Code Section 8903; Civ. C. '22 Section 5716; 1921 (32) 217.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-30. Publication in three successive weeks as equivalent of publication for three weeks or twenty-one days.

When the statute requires a notice to be published in a newspaper for three weeks or twenty-one days the publication of such notice in three successive weeks shall be sufficient if at least sixteen days shall have expired after the date of the first publication and on or before the date fixed for the doing of the thing of which notice is given.
HISTORY: 1962 Code Section 10-1303; 1952 Code Section 10-1303; 1942 Code Section 8900; 1932 Code Section 8900; Civ. C. '22 Section 5713; 1921 (32) 217.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-40. Publication in two successive weeks as equivalent of publication for two weeks or fifteen days.

When it is required that notice be published in a newspaper for two weeks or fifteen days the publication of such notice in two successive weeks shall be sufficient if at least eight days shall have expired after the date of the first publication and on or before the date fixed for the doing of the thing for which notice is given.
HISTORY: 1962 Code Section 10-1304; 1952 Code Section 10-1304; 1942 Code Section 8901; 1932 Code Section 8901; Civ. C. '22 Section 5714; 1921 (32) 217.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-50. Publication for one week.

When it is required that notice be published in a newspaper for one week the first publication of such notice shall precede the date fixed for the doing of the thing at least six days.
HISTORY: 1962 Code Section 10-1305; 1952 Code Section 10-1305; 1942 Code Section 8902; 1932 Code Section 8902; Civ. C. '22 Section 5715; 1921 (32) 217.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-60. Length of time legal sales shall be advertised.

All notices for the sale of any real estate under execution or order of court shall be advertised for twenty-one days, that is to say once a week for at least three weeks prior to such sale. All notices for such sales of personal property, unless otherwise specially ordered, shall be advertised for fifteen days, that is to say once a week for two weeks before such sale.
HISTORY: 1962 Code Section 10-1306; 1952 Code Section 10-1306; 1942 Code Section 8899; 1932 Code Section 8899; Civ. C. '22 Section 5712; Civ. C. '12 Section 4200; Civ. C. '02 Section 3093; G. S. 2424; R. S. 2543; 1875 (16) 14; 1878 (16) 482.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-70. Probate notices or citations which need not be published in newspaper.

It shall not be necessary to publish in any newspaper any notice or citation relating to any estate in the courts of probate when the value of such estate does not exceed five hundred dollars. In such cases the notices required by law shall be posted for the time required by law at the door of the courthouse of the county in which the probate proceeding is filed.
HISTORY: 1962 Code Section 10-1307; 1952 Code Section 10-1307; 1942 Code Section 212; 1932 Code Section 212; Civ. P. '22 Section 170; Civ. P. '12 Section 46; 1911 (27) 135; 1933 (38) 493; 1960 (51) 1748.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-80. Charges for legal advertisements in newspapers.

State and county officials authorized by law to publish advertisements in the newspapers of this State, including advertisements of sales of real and personal property by masters, clerks of court, judges of probate and sheriffs, citations, notices to creditors, notices of final settlement by executors, administrators, guardians and all other persons acting in a fiduciary capacity, service of summons by publication, notices of election ordered by commissioners, reports of county treasurers, supervisors and superintendents of education, notices of county auditors, proclamations of the executive department, proposals for works and supplies by the head of departments or other officials authorized to advertise for competitive bids and all other advertising whatever done by order of court or by State and county officials, shall be charged not more than the local retail display advertising rate shown on the newspaper's rate card or the rates published in the newspaper, deducting any and all applicable discounts earned by the volume or frequency of the legal advertising. The advertisement shall be set in solid six point type, including the caption and all other parts of the advertisement. Newspapers that do not use six point type shall receive compensation based on six point measure and any lesser measure shall be charged only at actual space measurement as printed; however, agencies placing advertisements may order larger measure at their discretion.
The publication of any of the notices provided for in this section may be let by contract for not more than the price authorized by this section.
No publication will be allowed to make any extra charges for affidavit of publication.
HISTORY: 1962 Code Section 10-1308; 1952 Code Section 10-1308; 1942 Code Section 8894; 1932 Code Section 8894; Civ. C. '22 Section 5707; Civ. C. '12 Section 4195; Civ. C. '02 Section 3091; 1899 (22) 47; 1902 (23) 1074; 1905 (24) 847; 1915 (29) 72; 1919 (31) 45; 1921 (32) 160; 1977 Act No. 146, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-85. Charges for legal advertisements in newspapers: rates for indigents.

Notwithstanding other provisions of Section 15-29-80 with regard to legal advertising rates, any person required to publish a summons or other legal notice who qualifies as an indigent shall not be charged an amount exceeding one dollar per inch for the first insertion and not exceeding fifty cents per inch for each subsequent insertion of that legal advertisement. Advertisements published under the provisions of this section shall comply with the layout requirements set forth in Section 15-29-80 with charges calculated in accordance with the measurement provisions set forth therein. As used in this section "indigent" means a person whose legal assistance is paid for with public funds or who would be qualified for such assistance in the proceeding which requires publication of the legal notice concerned.
HISTORY: 1977 Act No. 146, Section 2.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-90. Printing accounts shall be rendered under oath.

All accounts rendered for printing shall be under oath that such accounts are in accordance with the requirements of this chapter.
HISTORY: 1962 Code Section 10-1309; 1952 Code Section 10-1309; 1942 Code Section 8894; 1932 Code Section 8894; Civ. C. '22 Section 5707; Civ. C. '12 Section 4195; Civ. C. '02 Section 3091; 1899 (22) 47; 1902 (23) 1074; 1905 (24) 847; 1915 (29) 72; 1919 (31) 45; 1921 (32) 160.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 29 - Legal Notices, Generally › Section 15-29-100. Advertisements shall be posted if newspapers refuse to publish at rates fixed.

If the proprietors or managers of the newspapers in any county shall refuse to insert such advertisements in their newspapers at the rates allowed in Section 15-29-80 such notices shall be posted in at least three public places in the county, one of which shall be at the courthouse door.
HISTORY: 1962 Code Section 10-1310; 1952 Code Section 10-1320; 1942 Code Section 8894; 1932 Code Section 8894; Civ. C. '22 Section 5707; Civ. C. '12 Section 4195; Civ. C. '02 Section 3091; 1899 (22) 47; 1902 (23) 1074; 1905 (24) 847; 1915 (29) 72; 1919 (31) 45; 1921 (32) 160.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 31 - Referees And Masters › Section 15-31-150. Appointment of special referees; compensation; authority.

The provisions of Sections 14-2-50, 14-11-10 to 14-11-90; 14-11-310; 15-31-10 to 15-31-80; 15-39-380 to 15-39-400, and 15-39-490 shall not be construed as preventing a circuit court from appointing a special referee in the manner as provided in Section 15-31-140. Special referees shall be compensated by the parties involved. Special referees shall have the same authority as masters-in-equity and shall be accountable to the appointing court.
HISTORY: 1979 Act No. 164, Part II, Section 21.
Code Commissioner's Note
At the direction of the Code Commissioner in 2010, the reference to 14-31-10 was changed to 15-31-10.
Editor's Note
Section 14-11-90, referred to in the text, was repealed by 1988 Act No. 678, Part V.
Sections 15-31-10 to 15-31-80, and 15-31-140, referred to in the text, were repealed by 1985 Act No. 100, Section 2.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 32 - Noneconomic Damage Awards › Section 15-32-200. Citation of article.

This article may be cited as the "South Carolina Noneconomic Damage Awards Act of 2005".
HISTORY: 2005 Act No. 32, Section 2, eff July 1, 2005, for causes of action arising after that date.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 32 - Noneconomic Damage Awards › Section 15-32-230. Emergency medical and obstetrical care exceptions.

(A) In an action involving a medical malpractice claim arising out of care rendered in a genuine emergency situation involving an immediate threat of death or serious bodily injury to the patient receiving care in an emergency department or in an obstetrical or surgical suite, no physician may be held liable unless it is proven that the physician was grossly negligent.
(B) In an action involving a medical malpractice claim arising out of obstetrical care rendered by a physician on an emergency basis when there is no previous doctor/patient relationship between the physician or a member of his practice with a patient or the patient has not received prenatal care, such physician is not liable unless it is proven such physician is grossly negligent.
(C) The limitation on physician liability established by subsections (A) and (B) shall only apply if the patient is not medically stable and:
(1) in immediate threat of death; or
(2) in immediate threat of serious bodily injury.
Further, the limitation on physician liability established by subsections (A) and (B) shall only apply to care rendered prior to the patient's discharge from the emergency department or obstetrical or surgical suite.
HISTORY: 2005 Act No. 32, Section 2, eff July 1, 2005, for causes of action arising after that date.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 32 - Noneconomic Damage Awards › Section 15-32-240. Rights under other acts.

The provisions of this article do not affect any right, privilege, or provision of the South Carolina Tort Claims Act pursuant to Chapter 78, Title 15 or the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33.
HISTORY: 2005 Act No. 32, Section 2, eff July 1, 2005, for causes of action arising after that date.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 32 - Noneconomic Damage Awards › Section 15-32-510. Claims for punitive damages must be prayed for in complaint; amount shall not be specifically plead.

(A) A claim for punitive damages must be specifically prayed for in the complaint.
(B) The plaintiff shall not specifically plead an amount of punitive damages, only that punitive damages are sought in the action.
HISTORY: 2011 Act No. 52, Section 2, eff January 1, 2012.
Editor's Note
2011 Act No. 52, Section 7, provides as follows:
"SECTION 7. This act takes effect January 1, 2012, and applies to all actions that accrue on or after the effective date except the provisions of SECTION 3 do not apply to any matter pending on the effective date of this act."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 32 - Noneconomic Damage Awards › Section 15-32-520. Bifurcated trials; clear and convincing evidence standard; factors for liability determination; review of jury determination; multiple defendants.

(A) All actions tried before a jury involving punitive damages, if requested by any defendant against whom punitive damages are sought, must be conducted in a bifurcated manner before the same jury.
(B) In the first stage of a bifurcated trial, the jury shall determine liability for compensatory damages and the amount of compensatory or nominal damages. Evidence relevant only to the issues of punitive damages is not admissible at this stage.
(C) Punitive damages may be considered if compensatory or nominal damages have been awarded in the first stage of the trial.
(D) Punitive damages may be awarded only if the plaintiff proves by clear and convincing evidence that his harm was the result of the defendant's wilful, wanton, or reckless conduct.
(E) In the second stage of a bifurcated trial, the jury shall determine if a defendant is liable for punitive damages and, if determined to be liable, the amount of punitive damages. In determining the amount of punitive damages, the jury may consider all relevant evidence, including, but not limited to:
(1) the defendant's degree of culpability;
(2) the severity of the harm caused by the defendant;
(3) the extent to which the plaintiff's own conduct contributed to the harm;
(4) the duration of the conduct, the defendant's awareness, and any concealment by the defendant;
(5) the existence of similar past conduct;
(6) the profitability of the conduct to the defendant;
(7) the defendant's ability to pay;
(8) the likelihood the award will deter the defendant or others from like conduct;
(9) the awards of punitive damages against the defendant in any state or federal court action alleging harm from the same act or course of conduct complained of by the plaintiff;
(10) any criminal penalties imposed on the defendant as a result of the same act or course of conduct complained of by the plaintiff; and
(11) the amount of any civil fines assessed against the defendant as a result of the same act or course of conduct complained of by the plaintiff.
(F) If punitive damages are awarded, the trial court shall review the jury's decision, considering all relevant evidence, including the factors identified in subsection (E), to ensure that the award is not excessive or the result of passion or prejudice.
(G) In an action with multiple defendants, a punitive damages award must be specific to each defendant, and each defendant is liable only for the amount of the award made against that defendant.
HISTORY: 2011 Act No. 52, Section 2, eff January 1, 2012.
Editor's Note
2011 Act No. 52, Section 7, provides as follows:
"SECTION 7. This act takes effect January 1, 2012, and applies to all actions that accrue on or after the effective date except the provisions of SECTION 3 do not apply to any matter pending on the effective date of this act."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 32 - Noneconomic Damage Awards › Section 15-32-540. Applicability of article.

The provisions of this article do not affect any right, privilege, or provision of the South Carolina Tort Claims Act pursuant to Chapter 78, Title 15 or the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33.
HISTORY: 2011 Act No. 52, Section 2, eff January 1, 2012.
Editor's Note
2011 Act No. 52, Section 7, provides as follows:
"SECTION 7. This act takes effect January 1, 2012, and applies to all actions that accrue on or after the effective date except the provisions of SECTION 3 do not apply to any matter pending on the effective date of this act."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 33 - Verdicts › Section 15-33-125. Limitations on granting of new trial.

A new trial may be granted to the plaintiff on the issue of damages only and not liability when the only reasonable inference to be drawn from all the evidence, viewed in the light most favorable to the defendant, is that the plaintiff is entitled to a verdict in his favor on the issue of liability as a matter of law. Unless the plaintiff is entitled to a directed verdict on the issue of liability, any new trial must include both issues of liability and damages.
HISTORY: 1988 Act No. 432, Section 4.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-160. Judgment for damages and costs against married women.

In an action brought by or against a married woman judgment may be given against her as well for costs as for damages or both for such costs and for such damages, in the same manner as against other persons, to be levied and collected of her separate estate and not otherwise.
HISTORY: 1962 Code Section 10-1515; 1952 Code Section 10-1515; 1942 Code Section 657; 1932 Code Section 657; Civ. P. '22 Section 597; Civ. P. '12 Section 335; Civ. P. '02 Section 296; 1870 (14) 488 Section 298.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-170. Judgments against unincorporated associations.

On judgment being obtained against an unincorporated association under process served as provided in Section 15-9-330 final process may issue to recover satisfaction of such judgment, and any property of the association and the individual property of any copartner or member thereof found in the State shall be liable to judgment and execution for satisfaction of any such judgment.
HISTORY: 1962 Code Section 10-1516; 1952 Code Section 10-1516; 1942 Code Section 7798; 1932 Code Section 7798; Civ. C. '22 Section 5072; Civ. C. '12 Section 3338; Civ. C. '02 Section 2231; G. S. 1412; R. S. 1778; 1863 (13) 215.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-180. Enforcement of judgments.

When a judgment requires the payment of money or the delivery of real or personal property it may be enforced in those respects by execution as provided in this Title. When it requires the performance of any other act a certified copy of the judgment may be served upon the party against whom it is given or the person or officer who is required thereby or by law to obey it and his obedience thereto enforced. If he refuse he may be punished by the court as for contempt.
HISTORY: 1962 Code Section 10-1519; 1952 Code Section 10-1519; 1942 Code Section 738; 1932 Code Section 738; Civ. P. '22 Section 605; Civ. P. '12 Section 343; Civ. P. '02 Section 304; 1870 (14) 490 Section 308.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-350. Judgment by confession; generally.

A judgment by confession may be entered without action either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed in this article.
HISTORY: 1962 Code Section 10-1535; 1952 Code Section 10-1535; 1942 Code Section 670; 1932 Code Section 670; Civ. P. '22 Section 683; Civ. P. '12 Section 421; Civ. P. '02 Section 383; 1870 (14) 512 Section 399.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-360. Judgment by confession; statement in writing and contents thereof.

Before a judgment by confession shall be entered a statement in writing must be made and signed by the defendant and verified by his oath to the following effect:
(1) It must state the amount for which judgment may be entered and authorize the entry of judgment therefor;
(2) If it be for the money due or to become due, it must state concisely the facts out of which it arose and must show that the sum confessed therefor is justly due or to become due; and
(3) If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability and must show that the sum confessed therefor does not exceed the liability.
HISTORY: 1962 Code Section 10-1536; 1952 Code Section 10-1536; 1942 Code Section 671; 1932 Code Section 671; Civ. P. '22 Section 684; Civ. P. '12 Section 422; Civ. P. '02 Section 384; 1870 (14) 513 Section 400.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-370. Judgment by confession; entry of judgment.

The statement may be filed with the clerk of court. The clerk shall enter a judgment endorsed upon the statement for the amount confessed and the fee provided by Section 8-21-310(B)(13), together with any necessary disbursements of the plaintiff. The statement and affidavit, with the judgment endorsed, shall thereupon become the judgment roll.
HISTORY: 1962 Code Section 10-1537; 1952 Code Section 10-1537; 1942 Code Section 672; 1932 Code Section 672; Civ. P. '22 Section 685; Civ. P. '12 Section 423; Civ. P. '02 Section 385; 1870 (14) 513 Section 401; 1884 (18) 693; 1996 Act No. 244, Section 2.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-380. Judgment by confession; execution thereon.

Executions may be issued and enforced thereon in the same manner as upon judgments in other cases in such courts. When the debt for which the judgment is entered is not all due or is payable in installments and the installments are not all due the execution may issue upon such judgment for the collection of such installments as have become due and shall be in the usual form but shall have endorsed thereon, by the attorney or person issuing it, a direction to the sheriff to collect the amount due on such judgment, with interest and costs. Such amount shall be stated, with interest thereon, and the costs of the judgment. Notwithstanding the issue and collection of such execution the judgment shall remain as security for the installments thereafter to become due, and whenever any further installments become due execution may, in like manner, be issued for the collection and enforcement of such installments.
HISTORY: 1962 Code Section 10-1538; 1952 Code Section 10-1538; 1942 Code Section 672; 1932 Code Section 672; Civ. P. '22 Section 685; Civ. P. '12 Section 423; Civ. P. '02 Section 385; 1870 (14) 513 Section 401; 1884 (18) 693.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-510. Clerk shall keep abstract of judgments.

The clerk shall keep among the records of the court a book for the entry of judgments, to be called the "abstract of judgments."
HISTORY: 1962 Code Section 10-1541; 1952 Code Section 10-1541; 1942 Code Section 662; 1932 Code Section 662; Civ. P. '22 Section 601; Civ. P. '12 Section 339; Civ. P. '02 Section 300; 1839 (11) 103 Section 8.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-520. Entries in abstract of judgments; index to judgments.

In this book shall be entered each case wherein judgment may be signed, including each case in dower, partition and escheat, after judgment or final order, with separate columns showing number of enrollment, names of parties, cause of action, attorney, date of judgment, amount of judgment, time of bearing interest, how judgment obtained, costs (separating attorney, clerk, sheriff, witness and total), kind of execution, date of issuing, sheriff's return, and satisfaction, together with an index by the names of defendants and a cross index by the names of plaintiffs, each alphabetically arranged and kept in separate volumes with the number of enrollment of judgment. And whenever judgment against any party plaintiff or defendant has been entered the names of such party, and each of them, shall appear in the index and the name of the party plaintiff or defendant in whose favor judgment has been entered and each of them shall appear in the cross index.
HISTORY: 1962 Code Section 10-1542; 1952 Code Section 10-1542; 1942 Code Section 663; 1932 Code Section 663; Civ. P. '22 Section 602; Civ. P. '12 Section 340; Civ. P. '02 Section 301; 1897 (22) 436.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-530. Judgment roll.

Unless the party or his attorney shall furnish a judgment roll the clerk, immediately after entering the judgment, shall attach together and file the following papers, which shall constitute the judgment roll:
(1) In case the complaint be not answered by any defendant, the summons and complaint or copies thereof, proof of service and that no answer has been received, the report, if any, and a copy of the judgment; and
(2) In all other cases, the summons, pleadings or copies thereof and a copy of the judgment, with any verdict or report, the offer of the defendant, exceptions, case and all orders and papers in any way involving the merits and necessarily affecting the judgment.
HISTORY: 1962 Code Section 10-1543; 1952 Code Section 10-1543; 1942 Code Section 664; 1932 Code Section 664; Civ. P. '22 Section 603; Civ. P. '12 Section 341; Civ. P. '02 Section 302; 1870 (14) 489 Section 305; 1929 (36) 251.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-540. Docketing transcript with clerks of other courts; effect thereof.

A transcript of a final judgment of any court of record of this State or of any district or circuit court of the United States within this State directing in whole or in part the payment of money, may be docketed with the clerk of the court of common pleas in any county and when so docketed shall be entered upon the book of abstracts and duly indexed and shall have the same force and effect as a judgment of that court. Any such transcript shall set out the names of the parties, plaintiff and defendant, the attorneys of record, the date and amount of the judgment, the time from which interest is to be computed and the amount of costs.
HISTORY: 1962 Code Section 10-1544; 1952 Code Section 10-1544; 1942 Code Sections 664, 743; 1932 Code Sections 664, 743; Civ. P. '22 Sections 603, 610; Civ. P. '12 Sections 341, 348; Civ. P. '02 Sections 302, 309; 1870 (14) 489 Section 305, 491 Section 313; 1873 (15) 498; 1884 (18) 749; 1885 (19) 229; 1909 (26) 39; 1910 (26) 621; 1924 (33) 940; 1928 (35) 1223; 1929 (36) 251; 1946 (44) 1436.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-610. Payment by surety shall not discharge judgment against principal.

The payment by a surety of a debt secured by judgment or decree shall not operate as a satisfaction of such judgment or decree against the principal debtor, but by such payment the surety shall be entitled to all the rights and privileges of the plaintiff in such judgment or decree.
HISTORY: 1962 Code Section 10-1551; 1952 Code Section 10-1551; 1942 Code Section 7036; 1932 Code Section 7036; Civ. C. '22 Section 5596; Civ. C. '12 Section 3942; Civ. C. '02 Section 2839; G. S. 2180; R. S. 2309; 1876 (16) 137.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-620. Payment by one surety shall not discharge judgment as to cosurety.

In case any surety in such judgment or decree shall pay it such payment shall not operate as a satisfaction of such judgment or decree as against the cosurety or sureties thereto, but such surety shall have the right to enforce the execution on such judgment or decree against his cosurety or sureties or for contribution.
HISTORY: 1962 Code Section 10-1552; 1952 Code Section 10-1552; 1942 Code Section 7037; 1932 Code Section 7037; Civ. C. '22 Section 5597; Civ. C. '12 Section 3943; Civ. C. '02 Section 2840; G. S. 2181; R. S. 2310; 1876 (16) 137.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-630. Discharge of bankrupts from judgments.

Any time after one year has elapsed since a bankrupt was discharged from his debts, pursuant to the acts of Congress relating to bankruptcy, the bankrupt, his receiver, trustee or any other interested person may apply, upon proof of the bankrupt's discharge, to the court in which a judgment was rendered against him or, if rendered in a court not of record, to the court of which it has become a judgment by docketing it therein for an order directing the judgment to be cancelled and discharged of record. If it appears upon the hearing that the bankrupt has been discharged from the payment of that judgment or the debt upon which such judgment was recovered, an order must be made directing the judgment to be cancelled and discharged of record. And thereupon the clerk of the court shall cancel and discharge the judgment by marking on the docket thereof that it is cancelled and discharged by order of the court, giving the date of entry of the order of discharge.
The provisions of this section shall not operate to discharge any debt, judgment or claim that is not dischargeable under the Federal Bankruptcy Act or the law of this State.
HISTORY: 1962 Code Section 10-1553; 1952 Code Section 10-1553; 1942 Code Section 664-1; 1933 (38) 505.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-640. Discharge of bankrupts from judgments; notice of application.

Notice of the application, accompanied with copies of the papers upon which it is made, must be served upon the judgment creditor or his attorney of record in the judgment, in the same manner as provided in the rules of the circuit courts of this State for the service of process, if the residence or place of business of such creditor or his attorney is known. But if such residence or place of business is unknown and cannot be ascertained after due diligence or if such creditor is a nonresident of this State and if his attorney is dead, removed from or cannot be found within the State, upon proof of such facts by affidavit, a judge of the court may make an order that the notice of such application be published in a newspaper designated therein once a week for not more than three weeks. Such publication, shown by the affidavit of the publisher, shall be sufficient service upon such judgment creditor of the application.
HISTORY: 1962 Code Section 10-1554; 1952 Code Section 10-1554; 1942 Code Section 664-1; 1933 (38) 505.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-650. Entry of cancellation on margin or index of judgment.

All clerks of court shall enter the word "cancelled," together with the signature of such officer, upon the margin or across the indices of judgments when any such judgment is duly cancelled of record by the judgment creditor or his assignee. Such cancellation and signature shall be entered in the margin opposite the names of the judgment debtor and judgment creditor, respectively, or across such names, and the like cancellation shall on the demand of the judgment debtor, or his legal representative, be made on judgments theretofore cancelled of record. Upon failure of such clerk of court to comply with the provisions of this section, he shall, in each instance, forfeit and pay to the judgment debtor the sum of ten dollars, to be recovered in any court of competent jurisdiction, and if such failure be wilful he shall, on conviction, be fined not more than one hundred dollars or be imprisoned not more than thirty days, in the discretion of the court. The solicitor of each circuit shall see that the provisions of this section are complied with or shall forthwith prosecute violators thereof.
HISTORY: 1962 Code Section 10-1555; 1952 Code Section 10-1555; 1942 Code Section 8709; 1932 Code Section 8709; Civ. C. '22 Section 5230; Cr. C. '22 Section 536; Civ. C. '12 Section 3466; 1910 (26) 587; 1911 (27) 164; 1912 (27) 628.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-810. Judgments lien on real estate continue for ten years.

Final judgments and decrees entered in any court of record in this State subsequent to November 25, 1873, or in any circuit or district court of the United States within this State or of any other Federal court the final judgments and decrees of which, by act of Congress, shall be declared to create a lien, shall constitute a lien upon the real estate of the judgment debtor situate in any county in this State in which the judgment or transcript thereof is entered upon the book of abstracts of judgments and duly indexed, the lien to begin from the time of such entry on the book of abstracts and indices and to continue for a period of ten years from the date of such final judgment or decree.
HISTORY: 1962 Code Section 10-1561; 1952 Code Section 10-1561; 1942 Code Section 743; 1932 Code Section 743; Civ. P. '22 Section 610; Civ. P. '12 Section 348; Civ. P. '02 Section 309; 1870 (14) 491 Section 313; 1873 (15) 498; 1884 (18) 749; 1885 (19) 229; 1909 (26) 39; 1910 (26) 621; 1924 (33) 940; 1928 (35) 1223; 1946 (44) 1436.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-820. Judgments do not constitute a lien on exempt property.

Section 15-35-810 shall not be construed so as to make final judgments in any case a lien on the real property of the judgment debtor exempt from attachment, levy and sale by the Constitution.
HISTORY: 1962 Code Section 10-1562; 1952 Code Section 10-1562; 1942 Code Section 743; 1932 Code Section 743; Civ. P. '22 Section 610; Civ. P. '12 Section 348; Civ. P. '02 Section 309; 1870 (14) 491 Section 313; 1873 (15) 498; 1884 (18) 749; 1885 (19) 229; 1909 (26) 39; 1910 (26) 621; 1924 (33) 940; 1928 (35) 1223; 1946 (44) 1436.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-830. Payment of taxes by lienholders.

Any person holding a lien by way of a judgment upon any property, the subject of taxation, upon which the judgment debtor shall have failed to pay the tax or upon which there may exist a lien for taxes on any other property of the judgment debtor may, at any time before the sale thereof for delinquent taxes, as provided in Title 12, pay the tax on all the property of the judgment debtor, with any costs, penalties or assessments which may have accrued thereon. And thereupon he shall be entitled, as against the judgment debtor, his representatives, privies or assigns, to include the amount so paid and all interest thereafter accruing thereon in the debt secured by such judgment. If a judgment creditor pay such taxes he shall have the first lien on the property subject to such tax to the extent of the taxes so paid with interest from the date of payment.
HISTORY: 1962 Code Section 10-1563; 1952 Code Section 10-1563.1; 1942 Code Section 2783; 1932 Code Section 2831; Civ. C. '22 Section 506; Civ. C. '12 Section 455; Civ. C. '02 Section 407; G. S. 277; R. S. 334; 1882 (18) 1028; 1900 (23) 352; 1922 (32) 927; 1943 (43) 126.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-840. Attorneys as agents of judgment creditors for service of process.

Every judgment creditor who enters a judgment in any court of record in this State and does not at the same time enter as part thereof the appointment of an agent upon whom process may be served in any action or proceeding affecting any real estate upon which the judgment may at any time constitute a lien shall be deemed thereby to have constituted the attorney of record making the entry of such judgment as the agent of such judgment creditor and of his successor in interest for the purpose of accepting service of or being served with process in any such action.
HISTORY: 1962 Code Section 10-1564; 1952 Code Section 10-1564; 1942 Code Section 664-2; 1941 (42) 222.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-850. Termination of agency for service of process.

Any such judgment creditor and his successor in interest may terminate such agency of such attorney or of such other agent appointed as provided in Section 15-35-840, by enrolling and entering in the record at any time a revocation of the agency and an appointment of some other competent person, whose name and address shall be clearly stated therein and who shall be a resident of this State, as such process agent.
HISTORY: 1962 Code Section 10-1565; 1952 Code Section 10-1565; 1942 Code Section 664-2; 1941 (42) 222.