In case judgment be entered for the plaintiff in any such action the sheriff or constable shall satisfy it out of the property attached by him, if it shall be sufficient for that purpose:
(1) By paying over to such plaintiff the proceeds of all sales of perishable property and of any vessel or share or interest in any vessel sold by him or of any debts or credits collected by him, or so much as shall be necessary to satisfy such judgment;
(2) If any balance remain due and an execution shall have been issued on such judgment he shall proceed to sell, under such execution, so much of the attached property, real or personal, except as provided in item (4) of this section, as may be necessary to satisfy the balance, if enough for that purpose shall remain in his hands; and in case of the sale of any rights or shares in the stock of a corporation or association the sheriff or constable shall execute to the purchaser a certificate of sale thereof, and the purchaser shall thereupon have all the rights and privileges in respect thereto which were had by the defendant;
(3) If any of the attached property belonging to the defendant shall have passed out of the hands of the sheriff or constable without having been sold or converted into money the sheriff or constable shall repossess himself of such property and for that purpose shall have all the authority which he had to seize such property under the attachment; and any person who shall wilfully conceal or withhold such property from the sheriff or constable shall be liable to double damages at the suit of the party injured; and
(4) Until the judgment against the defendant shall be paid the sheriff or constable may proceed to collect the notes and other evidences of debt and the debts that may have been seized or attached under the warrant of attachment and to prosecute any bond he may have taken in the course of such proceedings and apply the proceeds thereof to the payment of the judgment.
HISTORY: 1962 Code Section 10-933; 1952 Code Section 10-933; 1942 Code Section 540; 1932 Code Section 540; Civ. P. '22 Section 513; Civ. P. '12 Section 292; Civ. P. '02 Section 259; 1870 (14) 477 Section 261; 1935 (39) 151.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Section 15-19-10. Grounds for attachment generally.
Section 15-19-30. Attachment when debt is not due.
Section 15-19-40. Persons authorized to grant attachment.
Section 15-19-50. Affidavit required.
Section 15-19-60. Form of affidavit.
Section 15-19-70. Filing of affidavit and serving copies thereof.
Section 15-19-80. Bond required before obtaining attachment.
Section 15-19-90. Form of bond.
Section 15-19-100. Persons to whom attachment shall be directed.
Section 15-19-110. Issuance and form of attachment.
Section 15-19-210. Service and answer upon execution of warrant.
Section 15-19-220. Property which is subject to attachment.
Section 15-19-230. Duty of officer to whom warrant is delivered.
Section 15-19-240. Attachment of real estate.
Section 15-19-250. Effecting execution on property incapable of manual delivery.
Section 15-19-260. Certificate of defendant's interest.
Section 15-19-270. Duties of officer upon seizure of property.
Section 15-19-280. Sale of personal property likely to deteriorate or expensive to keep.
Section 15-19-290. Proceedings on claim of third person.
Section 15-19-300. Discharge or return of property on defendant's appearance.
Section 15-19-310. Undertaking on part of defendant.
Section 15-19-320. Maximum undertaking in certain actions.
Section 15-19-330. Undertaking when property of one of several defendants is attached.
Section 15-19-340. Motion by owner to discharge attachment.
Section 15-19-350. Satisfying judgment for plaintiff.
Section 15-19-370. Disposition of residue when judgment is paid.
Section 15-19-380. Proceedings by plaintiff instead of sheriff or constable.
Section 15-19-390. Proceedings on judgment for defendant.
Section 15-19-400. Time when sheriff or constable shall return attachment.
Section 15-19-510. Authorization and issuance.
Section 15-19-520. Plaintiff's undertaking; contents of warrant.
Section 15-19-530. Effecting attachment.
Section 15-19-540. Lien of attachment.