South Carolina Legislature


 

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S*468
Session 111 (1995-1996)


S*0468(Rat #0241, Act #0244 of 1996)  General Bill, By Hayes
 A Bill to amend Section 8-21-310, as amended, Code of Laws of South Carolina,
 1976, relating to a schedule of fees and costs to be collected, so as to
 provide for a fee for filing a judgment by confession with a clerk of court;
 and to amend Section 15-35-370, relating to judgment by confession, so as to
 clarify the procedure for filing a judgment by confession and to delete
 obsolete references.

   02/08/95  Senate Introduced and read first time SJ-11
   02/08/95  Senate Referred to Committee on Judiciary SJ-11
   04/18/95  Senate Committee report: Favorable Judiciary SJ-30
   04/19/95  Senate Read second time SJ-118
   04/20/95  Senate Read third time and sent to House SJ-22
   04/25/95  House  Introduced and read first time HJ-11
   04/25/95  House  Referred to Committee on Judiciary HJ-11
   01/31/96  House  Committee report: Favorable Judiciary HJ-5
   02/01/96  House  Read second time HJ-15
   02/01/96  House  Unanimous consent for third reading on next
                     legislative day HJ-16
   02/02/96  House  Read third time and enrolled HJ-2
   02/27/96         Ratified R 241
   03/04/96         Signed By Governor
   03/04/96         Effective date 03/04/96
   03/18/96         Copies available
   03/18/96         Act No. 244



(A244, R241, S468)

AN ACT TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT; AND TO AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY THE PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE REFERENCES.

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

Filing fee

SECTION 1. Section 8-21-310(11) of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding:

"(d) for filing and enrolling a judgment by confession, five dollars;"

Procedure

SECTION 2. Section 15-35-370 of the 1976 Code is amended to read:

"Section 15-35-370. The statement may be filed with the clerk of court. The clerk shall enter a judgment endorsedNext upon the statement for the amount confessed and the fee provided by Section 8-21-310(11)(d), together with any necessary disbursements of the plaintiff. The statement and affidavit, with the judgment Previousendorsed, shall thereupon become the judgment roll."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 4th day of March, 1996.




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