Current Status Bill Number:4019 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Simrill, All Sponsors:Simrill, Meacham and A. Young Drafted Document Number:gjk\21658sd.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Magistrate's courts, judgments
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950412 Introduced, read first time, 25 HJ
referred to Committee
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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.