H 4019 Session 111 (1995-1996)
H 4019 General Bill, By Simrill, Meacham and Young-Brickell
A Bill to amend Section 22-3-300, Code of Laws of South Carolina, 1976,
relating to the filing and docketing of magistrate's judgments in the circuit
court, so as to provide that any person who fails to satisfy a judgment
against him in a civil action rendered in magistrate's court within sixty days
after if has been filed and docketed in the circuit court as provided above
may be punished by a term of imprisonment of not more than sixty days.
04/12/95 House Introduced and read first time HJ-21
04/12/95 House Referred to Committee on Judiciary HJ-21
A BILL
TO AMEND SECTION 22-3-300, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE FILING AND
DOCKETING OF MAGISTRATE'S JUDGMENTS IN THE
CIRCUIT COURT, SO AS TO PROVIDE THAT ANY PERSON
WHO FAILS TO SATISFY A JUDGMENT AGAINST HIM IN A
CIVIL ACTION RENDERED IN MAGISTRATE'S COURT
WITHIN SIXTY DAYS AFTER IT HAS BEEN FILED AND
DOCKETED IN THE CIRCUIT COURT AS PROVIDED ABOVE
MAY BE PUNISHED BY A TERM OF IMPRISONMENT OF
NOT MORE THAN SIXTY DAYS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 22-3-300 of the 1976 Code is amended to
read:
"Section 22-3-300. (A) A magistrate, on the
demand of a party in whose favor he shall have 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 time of the receipt of the transcript by the clerk shall be noted
thereon on the transcript and entered in the abstract
of judgments, and from that time the judgment shall be a
judgment of the Circuit Court, but 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 the
appeal. If the judgment is set aside in the magistrate's
court, it shall have 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 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 like
effect in every respect as in the county in which the judgment was
rendered.
(B) Any person who fails to satisfy a judgment against him
in a civil action rendered in magistrate's court within sixty days
after it has been filed and docketed in the Circuit Court as provided
in this section may be punished by a term of imprisonment of not
more than sixty days. The provisions of this subsection are in
addition to any other remedies authorized by law for failure to
satisfy the judgment.
Magistrates have jurisdiction for purposes of imposing the
punishments authorized by this section."
SECTION 2. This act takes effect upon approval by the
Governor.
-----XX----- |