S*193 Session 110 (1993-1994)
S*0193(Rat #0144, Act #0080) General Bill, By Hayes, Martin, H.S. Stilwell,
Waldrep and Wilson
A Bill 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; and to amend Section 8-21-310,
as amended, relating to fees and costs collected by county officials, so as to
add the collection of fees and costs associated with enrolling and collecting
foreign judgments.
01/13/93 Senate Introduced and read first time SJ-8
01/13/93 Senate Referred to Committee on Judiciary SJ-8
02/17/93 Senate Committee report: Favorable Judiciary SJ-11
02/18/93 Senate Read second time SJ-10
02/18/93 Senate Ordered to third reading with notice of
amendments SJ-10
02/23/93 Senate Read third time and sent to House SJ-16
02/24/93 House Introduced and read first time HJ-11
02/24/93 House Referred to Committee on Judiciary HJ-12
05/05/93 House Committee report: Favorable with amendment
Judiciary HJ-24
05/19/93 House Debate adjourned until Thursday, May 20, 1993 HJ-89
05/20/93 House Debate adjourned until Tuesday, May 25, 1993 HJ-25
05/25/93 House Amended HJ-21
05/25/93 House Read second time HJ-21
05/26/93 House Read third time and returned to Senate with
amendments HJ-24
05/27/93 Senate Concurred in House amendment and enrolled SJ-10
06/10/93 Ratified R 144
06/11/93 Signed By Governor
06/11/93 Effective date 06/11/93
06/25/93 Copies available
(A80, R144, S193)
AN ACT 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; AND
TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES
AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD
THE COLLECTION OF FEES AND COSTS ASSOCIATED WITH
ENROLLING AND COLLECTING FOREIGN JUDGMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
Uniform enforcement of foreign judgments
SECTION 1. Chapter 35, Title 15 of the 1976 Code is amended by
adding:
"Article 11
Uniform Enforcement of Foreign Judgments
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."
Fees
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 foreign
judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15 of
the 1976 Code, fifty-five dollars."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 11th day of June, 1993. |