South Carolina Judgment: Types, Records, Duration, and What to Expect

A judgment is the court's ultimate decision that settles a dispute and lays out each party's rights and responsibilities. Judgments in South Carolina might result from criminal reparations, family law proceedings, property disputes, civil lawsuits, or debt collection cases. A judgment is legally binding once it is recorded and can lead to bad credit reporting, wage garnishment, or liens.

What Is a Judgment in South Carolina?

South Carolina Code of Laws, Title 15, Chapter 35, defines a judgment as the court's ultimate determination of the parties' rights and obligations in a judicial proceeding. One side might be asked to make a payment, give up property, or cease specific activities. Judgments have legal effect once they are entered and can be enforced by levies, garnishments, or liens, among other remedies.

S.C. Code Section 15-35-180 outlined the process for enforcing judgments. It states that a judgment may be executed when it calls for the delivery of real or personal property or the payment of money. A certified copy of the decision may be served to the party it is directed against or to the person or officer who is legally obligated to comply with it, and compliance may be enforced if it calls for the performance of any other act. If they decline, the court might sentence them for contempt.

For instance, a creditor might get a money judgment that demands that overdue obligations be repaid. A family court ruling may impose alimony or child support requirements. In South Carolina, judgments of any kind carry significant legal and financial ramifications until they are settled or expire in accordance with state law.

Types of Judgments in South Carolina

South Carolina courts issue several types of judgments and can be grouped by when they are issued in the litigation process and their nature:

Pre-Trial Judgments

• Confession of Judgment: This is a judgment entered when a debtor admits to a debt and agrees to the judgment without pending litigation. It is often used in conjunction with a payment agreement or promissory note.
• Consent Judgment: This type of judgment is essentially a court-filed settlement agreement between parties in pending litigation. It is legally enforceable, and creditors often agree not to execute on the judgment as long as payments are made.
• Default Judgment: A judgment entered against a defendant who has failed to respond to a summons and complaint within the time required by law.

Judgments During or After Trial

• Summary Judgment: This is a court order that is granted to the party that is entitled to a judgment as a matter of law when there is no real dispute over any material fact. This allows a case to be decided without a full trial.
• Judgment After Trial: This is a final judgment entered after a full trial, where the amount is determined by a judge or jury.

How to Search for Judgments in South Carolina

Judgments are public records in South Carolina and may be accessed in several ways:

1. County Clerk of Court Offices – Judgement records are kept by each county clerk and are available in person. For a price, certified copies are also available upon request.
2. South Carolina Judicial Department Public Index: Civil, criminal, and family case records, including judgments, are accessible online through the Public Index portal. These records can be searched by name, case number, or court location.
3. County Websites: Through the statewide portal, larger counties like Greenville and Charleston offer online access to judgment and case information.
4. Third-Party Services – Although these can be less expensive than official sources, official judicial systems are still the most trustworthy. Users should ensure that the platforms they select are regularly updated. The fact that these platforms compile decision records from all local jurisdictions is a clear benefit..

Judgment records generally provide:

• Case number
• Names of the parties
• Court location
• Judgment date
• Amount owed or type of relief granted.

Judgment Records in Major South Carolina Counties

While South Carolina offers a statewide system, county clerks remain the official record custodians:

• Charleston County (Charleston): The Clerk of Court's office and the South Carolina Public Index portal both provide access to judgment records.
• Richland County (Columbia): You can look up judgments locally at the county courthouse or online through the statewide portal.
• Greenville County (Greenville):Greenville County grants access both in person at the clerk's office and via the Public Index system.

The best source for statewide searches is the South Carolina Judicial Department Public Index; certified copies must be obtained at the county level.

How Long Does a Judgment Last in South Carolina?

A civil judgment in South Carolina is enforceable and valid for ten years after the date of entry. In South Carolina, a judgment cannot be renewed or revived to prolong its life, unlike in many other states. A strict ten-year expiration period is specified by legislation. This regulation is based on a legal theory called a statute of repose, which gives legal activities a clear endpoint and keeps them from continuing indefinitely.

This implies that creditors have ten years to recover through garnishments, liens, and other ways. Although liens placed against property may still have an impact on ownership until they are satisfied, unsettled judgments for debtors will automatically expire after ten years.

What Happens After a Judgment Is Entered in South Carolina?

Once a judgment is entered, creditors gain legal collection rights, and debtors face financial and legal obligations.

For Creditors:

• Wage Garnishment: Wage garnishment is closely regulated by South Carolina law, and cannot be used for just anything. Generally speaking, it is only permitted for taxes, family support responsibilities, and specific government debts.
• Judgment Liens: A creditor has the right to record a lien against a debtor’s real estate. This will essentially prevent the sale or refinancing of that property until payment is made.
• Bank Levies and Other Remedies: Creditors are allowed to seize assets or use other collection methods as long as the court consents.

For Debtors:

• Credit Reporting: Since judgments can appear on credit reports, they can damage a person’s credit score and limit their financial opportunities.
• Satisfaction of Judgment: Creditors have to officially release the debtor after they have paid the debt. They do this by submitting a Satisfaction of Judgment to the court.
• Appeals or Motions to Vacate: A debtor can appeal or request that a judgment be vacated if they can prove that it was entered unfairly.