Are there any other remedies available to me for nonpayment of a small claims court judgment?
In South Carolina, if a party does not voluntarily pay a small claims court judgment, other remedies are available. The court may issue an execution, which is a legal document ordering a third party (such as a bank or employer) to pay the judgment. The court may also order that the party’s wages be garnished, limiting the amount of money the debtor can receive from an employer. This remedy is only available when the debtor is employed and when the judgment has been entered. In addition, the court may issue an order to seize and sell personal property of the debtor, such as vehicles, furniture, and other goods, to satisfy the judgment. This remedy is referred to as “execution of sale.” Finally, the court can also issue a lien against a debtor’s real property, which creates an encumbrance that must be removed before the property can be sold. This procedure is also known as “execution of lien.” All of these remedies are available to enforce a small claims court judgment, but it is important to note that the time limits to use them vary. Therefore, if a debtor does not voluntarily pay, it is important to act quickly to take advantage of these remedies.
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