H 4516 General Bill, By Anderson, G. Brown, Cotty, Hosey, Loftis, Cato, Kennedy, 
Erickson, Kirsh, Jefferson, Pinson, Taylor, Frye, Witherspoon, Bedingfield, 
Limehouse, Govan, Leach, Toole, Alexander, Battle, Branham, Breeland, 
Funderburk, Gullick, Harvin, Herbkersman, Hodges, Huggins, Jennings, Kelly, 
Littlejohn, McLeod, Miller, Rice, Spires, Stavrinakis and Williams
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 15-35-410 SO AS TO PROVIDE A JUDGMENT BY DEFAULT IN A CIVIL ACTION MAY NOT BE
 ENTERED AGAINST A PERSON IN ACTIVE MILITARY SERVICE OF THE UNITED STATES OR
 THE SOUTH CAROLINA NATIONAL GUARD IF THE PERSON HAS NOT MADE AN APPEARANCE IN
 A COURT IN WHICH THE ACTION IS PENDING DUE TO THE FULFILLMENT OF HIS MILITARY
 OBLIGATION, AND TO PROVIDE EXCEPTIONS FOR COMPLIANCE WITH CERTAIN FEDERAL LAW
 AND FOR THE ENFORCEMENT OF CHILD SUPPORT AND SPOUSAL SUPPORT.

   01/17/08  House  Introduced and read first time HJ-7
   01/17/08  House  Referred to Committee on Judiciary HJ-8

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-35-410 SO AS TO PROVIDE A JUDGMENT BY DEFAULT IN A CIVIL ACTION MAY NOT BE ENTERED AGAINST A PERSON IN ACTIVE MILITARY SERVICE OF THE UNITED STATES OR THE SOUTH CAROLINA NATIONAL GUARD IF THE PERSON HAS NOT MADE AN APPEARANCE IN A COURT IN WHICH THE ACTION IS PENDING DUE TO THE FULFILLMENT OF HIS MILITARY OBLIGATION, AND TO PROVIDE EXCEPTIONS FOR COMPLIANCE WITH CERTAIN FEDERAL LAW AND FOR THE ENFORCEMENT OF CHILD SUPPORT AND SPOUSAL SUPPORT.

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

SECTION    1.    Article 3, Chapter 35, Title 15 is amended by adding:

"Section 15-35-410.    Notwithstanding another provision of law, a judgment by default in a civil action may not be entered against a person in active military service of the United States or the South Carolina National Guard if the person has not made an appearance in a court in which the action is pending due to the fulfillment of his military obligation, unless:

(1)    full compliance has been made with the provisions of the Servicemembers Civil Relief Act, 50 U.S.C. Section 521; or

(2)    the action relates to the enforcement of an order for child support or spousal support."

SECTION    2.    This act takes effect upon approval by the Governor.