Current Status Introducing Body:House Bill Number:3312 Primary Sponsor:Hayes Committee Number:11 Type of Legislation:GB Subject:Foreign Judgments Act Residing Body:Senate Computer Document Number:BR1/1149.AC Introduced Date:Jan 24, 1991 Date of Last Amendment:May 07, 1991 Last History Body:Senate Last History Date:May 09, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hayes Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3312 Senate May 09, 1991 Introduced, read first time, 11
referred to Committee
3312 House May 08, 1991 Read third time, sent to
Senate
3312 House May 07, 1991 Amended, read second time
3312 House May 02, 1991 Debate adjourned until
Tuesday, May 7
3312 House May 02, 1991 Amended
3312 House May 01, 1991 Debate adjourned until
Thursday, May 2
3312 House Apr 25, 1991 Debate adjourned until
Wednesday, May 1
3312 House Apr 17, 1991 Committee Report: Favorable 25
with amendment
3312 House Jan 24, 1991 Introduced, read first time, 25
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AMENDED
May 7, 1991
H. 3312
S. Printed 5/7/91--H.
Read the first time January 24, 1991.
TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 35, Title 15 of the 1976 Code is amended by adding:
Section 15-35-900. This article may be cited as the Uniform Enforcement of Foreign Judgments Act.
Section 15-35-910. As used in this article, unless the context requires otherwise:
(1) `Foreign judgment' means a judgment, decree, or order of a court of the United States or a court of another state which is entitled to full faith and credit in this State, except a `support order', as defined in Section 20-7-970 (the Uniform Reciprocal Enforcement of Support Act) or a `custody decree', as defined in Section 20-7-786 (the Uniform Child Custody Jurisdiction Act).
(2) `Judgment debtor' means the party against whom a foreign judgment has been rendered.
(3) `Judgment creditor' means the party in whose favor a foreign judgment has been rendered.
Section 15-35-920. (A) A copy of a foreign judgment authenticated in accordance with an act of Congress or the statutes of this State may be filed in the office of the clerk of court of any county of this State in which the judgment debtor resides or owns real or personal property. Along with the foreign judgment, the judgment creditor or his attorney shall make and file with the clerk an affidavit which states that the foreign judgment is final, that it is unsatisfied in whole or in part setting forth the amount remaining unpaid on the judgment, and whether the judgment is further contested.
(B) Upon the filing of the foreign judgment and the affidavit, the foreign judgment must be docketed and indexed in the same manner as a judgment of this State; however, no foreign judgment may be indexed if contested until resolved and no execution may issue upon the foreign judgment nor may any other proceeding be taken for its enforcement until the expiration of thirty days from the date upon which notice of filing is served in accordance with Section 15-35-930.
(C) A judgment so filed has the same effect and is subject to the same defenses as a judgment of this State and must be enforced or satisfied in like manner; however, if the judgment debtor files a motion for relief or notice of defense pursuant to Section 15-35-940, enforcement of the foreign judgment is stayed automatically, without security, until the court finally disposes of the matter.
Section 15-35-930. (A) Promptly upon the filing of a foreign judgment and affidavit, the judgment creditor shall serve the notice of filing provided for in subsection (B) on the judgment debtor and shall attach a filed, stamped copy of the foreign judgment and affidavit to the notice. Service and proof of service of the notice may be made in any manner provided for in the South Carolina Rules of Civil Procedure.
(B) The notice must set forth the name and address of the judgment creditor, his attorney if any, and the clerk's office in which the foreign judgment is filed in this State and must state that the judgment attached to the notice has been filed in that office, that the judgment debtor has thirty days from the date of receipt of the notice to seek relief from the enforcement of the judgment, and that if the judgment is not satisfied and no relief is sought within that thirty days, the judgment will be enforced in this State in the same manner as a judgment of this State.
Section 15-35-940. (A) The judgment debtor may file a motion for relief from, or notice of defense to, the foreign judgment on the grounds that the foreign judgment has been appealed from, that enforcement has been stayed by the court which rendered it, or on any other ground for which relief from a judgment of this State is allowed.
(B) If the judgment debtor has filed a motion for relief or notice of defenses, then the judgment creditor may move for enforcement of the foreign judgment as a judgment of this State. The judgment creditor's motion must be heard before a judge who has jurisdiction of the matter based upon the amount in controversy as the amount remaining unpaid on the foreign judgment. The South Carolina Rules of Civil Procedure apply. The judgment creditor has the burden of proving that the foreign judgment is entitled to full faith and credit.
Section 15-35-950. This article may not be construed to impair a judgment creditor's right to bring a civil action in this State to enforce the creditor's judgment.
Section 15-35-960. The provisions of this article do not apply to foreign judgments based on claims which are contrary to the public policies of this State."
SECTION 2. Section 8-21-310 of the 1976 Code, as last amended by Act 612 of 1990, is further amended by adding an appropriately numbered item to read:
"( ) for filing, indexing, enrolling, and entering a satisfaction or partial satisfaction of a foreign judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15 of the 1976 Code, fifty dollars.
SECTION 3. This act takes effect upon approval by the Governor.