Before a judgment by confession shall be entered a statement in writing must be made and signed by the defendant and verified by his oath to the following effect:
(1) It must state the amount for which judgment may be entered and authorize the entry of judgment therefor;
(2) If it be for the money due or to become due, it must state concisely the facts out of which it arose and must show that the sum confessed therefor is justly due or to become due; and
(3) If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability and must show that the sum confessed therefor does not exceed the liability.
HISTORY: 1962 Code Section 10-1536; 1952 Code Section 10-1536; 1942 Code Section 671; 1932 Code Section 671; Civ. P. '22 Section 684; Civ. P. '12 Section 422; Civ. P. '02 Section 384; 1870 (14) 513 Section 400.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 35 - Judgments And Decrees Generally
Section 15-35-160. Judgment for damages and costs against married women.
Section 15-35-170. Judgments against unincorporated associations.
Section 15-35-180. Enforcement of judgments.
Section 15-35-350. Judgment by confession; generally.
Section 15-35-360. Judgment by confession; statement in writing and contents thereof.
Section 15-35-370. Judgment by confession; entry of judgment.
Section 15-35-380. Judgment by confession; execution thereon.
Section 15-35-400. Offer of judgment; acceptance; consequences of nonacceptance; attorney's fees.
Section 15-35-510. Clerk shall keep abstract of judgments.
Section 15-35-520. Entries in abstract of judgments; index to judgments.
Section 15-35-530. Judgment roll.
Section 15-35-540. Docketing transcript with clerks of other courts; effect thereof.
Section 15-35-610. Payment by surety shall not discharge judgment against principal.
Section 15-35-620. Payment by one surety shall not discharge judgment as to cosurety.
Section 15-35-630. Discharge of bankrupts from judgments.
Section 15-35-640. Discharge of bankrupts from judgments; notice of application.
Section 15-35-650. Entry of cancellation on margin or index of judgment.
Section 15-35-810. Judgments lien on real estate continue for ten years.
Section 15-35-820. Judgments do not constitute a lien on exempt property.
Section 15-35-830. Payment of taxes by lienholders.
Section 15-35-840. Attorneys as agents of judgment creditors for service of process.
Section 15-35-850. Termination of agency for service of process.
Section 15-35-860. Enrollment of appointments and revocations.
Section 15-35-870. Service of process in other manner suffices.
Section 15-35-900. Short title.
Section 15-35-910. Definitions.
Section 15-35-930. Notice of filing; service and proof of service of notice.
Section 15-35-960. Inapplicability to judgments based on claims contrary to public policy.