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Current Status Bill Number:View additional legislative information at the LPITS web site.3064 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010109 Primary Sponsor:Keegan All Sponsors:Keegan, Whatley Drafted Document Number:l:\council\bills\skb\18027som01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Judgment liens on real property, writs of execution for enforcement of; Courts, Trusts and Estates, Torts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010109 Introduced, read first time, 25 HJ referred to Committee House 20001206 Prefiled, referred to Committee 25 HJ Versions of This Bill
TO AMEND SECTION 15-35-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT LIENS ON REAL PROPERTY, SO AS TO REDUCE THE LIEN PERIOD FROM TEN YEARS TO ONE YEAR AND PROVIDE FOR THE RENEWAL OR REVIVAL OF THE LIEN FOR AN ADDITIONAL PERIOD OF FIVE YEARS; AND TO AMEND SECTIONS 15-39-20 AND 15-39-30, RELATING TO WRITS OF EXECUTION FOR THE ENFORCEMENT OF JUDGMENTS, SO AS TO PROVIDE THAT THE PERIOD OF EXECUTION ON A FINAL JUDGMENT IS REDUCED FROM TEN YEARS TO ONE YEAR AND TO PROVIDE THAT A JUDGMENT MAY BE RENEWED FOR AN ADDITIONAL PERIOD OF FIVE YEARS, OR IF DORMANT, WITHIN THREE YEARS OF THE JUDGMENT BECOMING DORMANT, MAY BE REVIVED FOR AN ADDITIONAL PERIOD OF FIVE YEARS, TO PROVIDE WHERE THE ACTION TO RENEW OR REVIVE A JUDGMENT MUST BE FILED AND WHO MUST BE SERVED, AND TO PROVIDE THAT THE ACTION MUST BE FILED IN THE MANNER PROVIDED BY LAW AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE, AND IF THE RENEWAL OR REVIVAL IS GRANTED BY THE COURT, TO PROVIDE FOR THE RECORDING AND INDEXING OF THE RENEWAL OR REVIVAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-35-810 of the 1976 Code is amended to read:
"Section 15-35-810. A final judgments judgment and decrees decree 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 are declared to create a lien, shall constitute constitutes a lien upon the real estate of the judgment debtor situate located in any county in this State in which the judgment or transcript thereof of the judgment or decree is entered upon the book of abstracts of judgments and duly indexed,. the The lien to begin begins from the time of such the entry on the book of abstracts and indices and to continue continues for a period of ten one years year from the date of such the final judgment or decree, unless renewed or revived for a period of five additional years as provided in Section 15-39-30."
SECTION 2. Section 15-39-20 of the 1976 Code is amended to read:
"Section 15-39-20. Writs of execution for the enforcement of final judgments shall must conform to this title. The party in whose favor judgment has been given and, in case of his death, his appointed personal representatives duly appointed may at any time within ten one years year after the entry of judgment proceed to enforce such the judgment as prescribed by this title. A final judgment may be renewed or revived for a period of five additional years as provided in Section 15-39-30."
SECTION 3. Section 15-39-30 of the 1976 Code is amended to read:
"Section 15-39-30. (A) An executions execution may issue upon final judgments or decrees judgment or decree at any time within ten one years year from the date of the original entry thereof and shall have active energy during such period, without any renewal or renewals thereof, and this whether any return may or may not have been made during such period on such executions of the judgment or decree. An execution is active during that period and during the specific period of its renewal whether or not a return has been made during either period on the execution.
(B) A final judgment or decree may be renewed or revived for a period of five years by an action filed in the manner provided by law and the South Carolina Rules of Civil Procedure. If a final judgment becomes dormant, it may be renewed or revived by an action filed in the manner provided by law and the South Carolina Rules of Civil Procedure if filed within three years from the time it becomes dormant.
(C) An action to renew a judgment or revive a dormant judgment must be filed in the court of the county where the original judgment was obtained. All parties to the original judgment must be made parties to the proceeding to renew or revive the judgment. The renewal or revival must be entered upon the book of abstracts and indexed in the record."
SECTION 4. This act takes effect upon approval by the Governor.
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