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Bill 3486

                    Current Status

Bill Number:                      3486
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990209
Primary Sponsor:                  Altman
All Sponsors:                     Altman
Drafted Document Number:          l:\council\bills\bbm\10080som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Judgments, social security numbers to be 
                                  entered on; Courts, Clerks of court, 
                                  Magistrates


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990209  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

TO AMEND SECTION 14-17-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SIGNATURE OF THE CLERK OF COURT ON ALL PROCESSES AND JUDGMENTS, SO AS TO REQUIRE THE CLERK OF COURT TO DOCUMENT THE SOCIAL SECURITY NUMBERS OF THE PARTIES TO THE ACTION ON THE JUDGMENT; TO AMEND SECTION 15-35-520, RELATING TO ENTRIES IN THE ABSTRACT OF JUDGMENTS, AND SECTION 15-35-540, RELATING TO THE DOCKETING OF JUDGMENTS WITH CLERKS OF OTHER COUNTIES, SO AS TO PROVIDE IN BOTH SECTIONS THAT THE SOCIAL SECURITY NUMBERS OF THE PARTIES BE ENTERED ON THE JUDGMENTS; TO AMEND SECTION 22-3-300, RELATING TO FILING AND DOCKETING JUDGMENTS OF THE MAGISTRATES, SO AS TO PROVIDE THAT SOCIAL SECURITY NUMBERS OF THE PARTIES BE ENTERED ON THE JUDGMENTS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 14-17-260 of the 1976 Code is amended to read:

"Section 14-17-260. The clerk shall:

(a)(1) issue every execution, bench warrant, or other process issuable or directed to be issued by the courts of general sessions, in the name of the Attorney General or solicitor of the circuit,;

(b)(2) issue all rules and notices ordered in the common pleas court,;

(c)(3) attest in his own name under the seal of the court, all writs and processes issued either in the common pleas or general sessions court; and

(d)(4) officially sign officially all judgments, and state stating the time when each is signed and entered and entering on the original judgment the social security numbers of the parties to the action."

SECTION 2. Section 15-35-520 of the 1976 Code is amended to read:

"Section 15-35-520. In this book shall be entered each case wherein judgment may be signed Each case, including each case in dower, partition, and escheat, where judgment is signed must be entered in the book called 'Abstract of Judgments'. After the entry of judgment or final order, with separate columns in the book showing must show:

(1) number of enrollment,;

(2) names of parties and their social security numbers,;

(3) cause of action,;

(4) attorney,;

(5) date of judgment,;

(6) amount of judgment,;

(7) time of bearing interest,;

(8) how judgment obtained,;

(9) costs (separating attorney, clerk, sheriff, witness and total),;

(10) kind of execution,;

(11) date of issuing,;

(12) sheriff's return,; and

(13) satisfaction,.

In addition, the judgments must be indexed together with an index by the names of defendants and a cross index indexed by the names of plaintiffs, each alphabetically arranged and kept in separate volumes with the number of enrollment of judgment. And whenever Whenever judgment against any a party plaintiff or defendant has been is entered, the names of such each party, and each of them, shall must appear in the index and the name of the party plaintiff or defendant in whose favor judgment has been is entered and each of them shall must appear in the cross index."

SECTION 3. Section 15-35-540 of the 1976 Code is amended to read:

"Section 15-35-540. 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 When so docketed the judgment shall must be entered upon the book of abstracts and duly indexed and shall it must have the same force and effect as a judgment of that court. Any such The transcript shall must set out:

(1) the names of the parties, and their social security numbers;

(2) plaintiff and defendant,;

(3) the attorneys of record,;

(4) the date and amount of the judgment,;

(5) the time from which interest is to be computed; and

(6) the amount of costs."

SECTION 4. Section 22-3-300 of the 1976 Code is amended to read:

"Section 22-3-300. A magistrate, on the demand of a party in whose favor he shall have has rendered a judgment, shall give a transcript thereof of the judgment which may be filed and docketed in the office of the circuit court of the county in which the judgment was rendered. The magistrate shall include in the transcript the social security numbers of the parties. The time of the receipt of the transcript by the clerk shall be noted thereon note the time the transcript was received on the transcript and enter it in the abstract of judgments. and entered in the abstract of judgments and from From that time on, the judgment shall be is a judgment of the circuit court,; but provided, however; no sale shall be made under any execution issued upon such the judgment in the circuit court until the time for appeal from the judgment in the magistrate's court has expired, nor pending such appeal. If the judgment is set aside in the magistrate's court, it shall have has the effect of setting aside the judgment filed and docketed in the circuit court. The filing and docketing of such the transcript in the circuit court shall does not affect the right of the magistrate to grant a new trial. A certified transcript of such the judgment may be filed and docketed in the clerk's office of any other county. and with The judgment has like effect in every respect as in the county in which the judgment it was rendered."

SECTION 5. This act takes effect on July 1, 1999, and applies to all judgments filed on or after that date.

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