Can a Debt Collector Levy Personal Possessions in South Carolina?
Before a debt collector can levy personal possessions in South Carolina, he must first win a money judgment against the debtor in civil court. Money judgments in South Carolina are automatic liens placedagainst real property. Debt collectors who win such judgments may levy non-exempt personal property by following additional procedures.
Other People Are Reading
-
Statute of Limitations
-
Debt collectors have a three-year window from the date of the last payment credited to the account to collect debt in South Carolina. The three-year window applies to credit card and other open credit accounts, written contracts, oral agreements and promissory notes. The debt collector must file a lawsuit against the debtor within the three-year time frame in order to win a defended civil money judgment. If the debtor does not appear at the hearing to present an out-of-statute defense, the court will likely award a default judgment.
Judgments
-
If a debt collector wins a civil money judgment in South Carolina, he has 10 years to attempt collection. Collection attempts include placing a lien against real property, taking money from bank accounts and seizing personal property that is not considered exempt by the state. Debt collectors with money judgments may not garnish wages in South Carolina. Foreign judgments—judgments issued in other states—are enforceable in South Carolina according to the provisions outlined in the Uniform Enforcement of Foreign Judgments Act.
-
Execution
-
To levy personal possessions in South Carolina, the debt collector must obtain a writ of execution from the Clerk of Court in the county that issued the judgment. To file the execution, the debt collector must present a copy of the judgment to the sheriff or magistrate's constable, as well as information relating to the judgment ruling and the amount due. The execution order should also direct the sheriff or constable which personal possession the debt collector intends to levy in order to satisfy the judgment. The execution order allows the personal possessions to be sold and the proceeds used to satisfy the judgment.
Exemptions
-
Section 15-41-30 of the South Carolina Code of Laws lists personal property exemptions from civil judgments. Personal possession exemptions include $4,000 worth of household furnishings and goods, wearing apparel, books, animals, appliances, crops or musical instruments. Other personal property that is exempt includes one motor vehicle up to a value of $5,000, $1,000 worth of jewelry and $1,500 worth of professional tools and books. South Carolina also protects up to $50,000 in equity of a primary residence from judgment execution.
-
