South Carolina General Assembly
109th Session, 1991-1992

Bill 4724


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4724
Primary Sponsor:                T.C. Alexander
Committee Number:               25
Type of Legislation:            GB
Subject:                        Judgments, docketing of
                                transcripts
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       NO5/7677.BD
Introduced Date:                Apr 14, 1992
Last History Body:              House
Last History Date:              Apr 14, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   T.C. Alexander
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4724  House   Apr 14, 1992  Introduced, read first time,    25
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 14-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOKS KEPT BY CLERKS, SECTION 15-35-520, RELATING TO ENTRIES IN ABSTRACT OF JUDGMENTS, AND SECTION 15-35-540, RELATING TO DOCKETING TRANSCRIPTS WITH CLERKS OF COURT, SO AS TO INCLUDE THE SOCIAL SECURITY NUMBER AND LAST KNOWN ADDRESS OF THE PARTY AGAINST WHOM JUDGMENT IS ENTERED.

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

SECTION 1. Section 14-17-540(6) of the 1976 Code is amended to read:

"(6) Abstract of Judgments' in which shall be is entered each case, including partition and escheat, wherein where a judgment may be or final order is signed, including each case in dower, partition and escheat, after judgment or final order, with separate columns showing number of enrollment, names of parties, cause of action, attorney, date of judgment, amount of judgment, time of bearing interest, how judgment obtained, costs (separating attorney, clerk, sheriff, witnesses, and total), kind of execution, date of issuing, sheriff's return, thereon and satisfaction, together with an. An alphabetical index by of the names of defendants and a cross index by of the names of plaintiffs, each alphabetically arranged and must be kept in separate volumes with the number of enrollment of judgment;. The index must include the name, last known address, and social security number of each party against whom judgment is entered."

SECTION 2. Section 15-35-520 of the 1976 Code is amended to read:

"Section 15-35-520. (A) In this book shall be entered Recorded in the abstract of judgments book is each case, including partition and escheat, wherein where a judgment may be or final order is signed, including each case in dower, partition and escheat, after judgment or final order, with separate columns showing:

(1) number of enrollment,;

(2) names of parties,;

(3) cause of action,;

(4) attorney,;

(5) date of judgment,;

(6) amount of judgment,;

(7) time of bearing interest,;

(8) how judgment obtained,;

(9) costs (separating attorney, clerk, sheriff, witness, and total),;

(10) kind of execution,;

(11) date of issuing,;

(12) sheriff's return, and;

(13) satisfaction, together with an.

(B) An alphabetical index by of the names of defendants and a cross index by of the names of plaintiffs, each alphabetically arranged and must be kept in separate volumes with the number of enrollment of judgment. And whenever When a judgment is entered against any a party plaintiff or defendant has been entered, the names of such party, and each of them, shall name, last known address, and social security number of that party must appear in the index. and the The name of the party plaintiff or defendant in whose favor judgment has been entered and each of them shall must appear in the cross index.

(C) It is the responsibility of the prevailing party or his attorney to furnish the last known address and social security number to the clerk of court for entry in the index.

SECTION 3. Section 15-35-540 of the 1976 Code is amended to read:

"Section 15-35-540. A transcript of a final judgment of any a court of record of this State or of any a district or circuit court of the United States within this State directing in whole or in part the payment of money, may be docketed with the clerk of court of common pleas in any a county. and when so docketed shall be When the transcript is entered upon the book of abstracts and duly indexed, and shall have it has the same force and effect as a judgment of that court. Any such The transcript shall set out must contain the names of the parties, plaintiff and defendant, the last known address and social security number of the party against whom judgment is entered, the attorneys of record, the date and amount of the judgment, the time from which interest is to be computed, and the amount of costs."

SECTION 4. This act takes effect upon approval of the Governor.

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