Current Status Bill Number:280 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Greg Smith All Sponsors:Greg Smith, Rankin, Hayes, Reese Drafted Document Number:RES9535.GS Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Judgments, collection of for discovery of property
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941114 Prefiled, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
TO AMEND SECTION 15-39-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDER FOR DISCOVERY OF PROPERTY, SO AS TO ALLOW A MAGISTRATE TO HOLD SUPPLEMENTAL PROCEEDINGS FOR THE COLLECTION OF JUDGMENTS WHERE THE JUDGMENT WAS OBTAINED IN THE SUMMARY COURT AND TO MAKE OTHER TECHNICAL AND GRAMMATICAL CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-39-310 of the 1976 Code is amended to read:
"Section 15-39-310. (A) When an execution against property of the judgment debtor, or any of the several debtors in the same judgment, is issued to the sheriff of the county in which he the debtor or debtors resides reside or has maintain a place of business or, if he does not reside in the State, to the sheriff of the county in which a judgment roll is filed, and is returned unsatisfied in whole or in part, the judgment creditor at any time after such the return is made is entitled to an order from a judge of the circuit court, or a magistrate if the judgment was obtained in a summary court, requiring such judgment debtor to appear and answer concerning his property before such judge at a time and place specified in the order within the county to which the execution was issued. The appearance must be in a court in the county in which the execution was issued at a time and place specified in the order.
(B) If the judgment debtor or debtors do not reside in this State, execution shall be issued to the sheriff in the county in which a judgment roll is filed. If the execution is returned unsatisfied, in whole or in part, the judgment creditor at any time after the return is made is entitled to an order from a judge of the circuit court or a magistrate as provided in subsection (A).
(C) After the issuing of an execution against property and upon proof by affidavit of a party or otherwise, to the satisfaction of the court or a judge thereof, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment such court or judge may by an order require the judgment debtor to appear at a specified time and place to answer concerning the same. A circuit judge or magistrate, after issuing an execution against property, has discretionary authority, based upon the affidavit of a party or other credible evidence, to require a judgment debtor to appear and answer at a specified time and place if the court determines that reasonable grounds exist to believe that a judgment debtor has property which is unjustly being withheld from application toward satisfaction of the judgment. And such The court may then hold proceedings, in the manner provided in subsection (A) upon the return of an execution, may thereupon be had for the application of the property of the judgment debtor towards the toward satisfaction of the judgment as are provided upon the return of an execution."
SECTION 2. This act takes effect upon approval by the Governor.