How can I enforce a small claims court judgment out-of-state?
If you have obtained a small claims court judgment in South Carolina and need to enforce it outside of the state, there are a few steps you must take. First, you must register the judgement in the state in which the defendant (the person against whom the judgment was made) resides. This will allow the courts in the state to recognize your judgement and, as a result, enforce it. Second, you must ensure that the other state’s court system has jurisdiction over the defendant. This means that the defendant must be a resident of the state and/or must have received service within that state. Once you have satisfied these conditions, you can file an “application for out-of-state enforcement” with the court clerk in the other state. This application will need to include a copy of the original judgment from South Carolina and the court may require other pieces of evidence. The clerk will then review the application and, if satisfied, will issue an order to enforce the judgment. Finally, you must serve the defendant in the other state with a copy of the enforcement order and/or other documents. The particulars of service depend on the state’s laws, so it is important to consult with an attorney in the state in which you are enforcing your judgment. Once the defendant has been served, you can usually take action to collect on the judgment such as garnishing wages or placing a lien against property.
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