South Carolina Code of Laws
Chapter 35 - Judgments And Decrees Generally
Section 15-35-940. Motion for relief from, or notice of defense to, foreign judgment; grounds; motion for enforcement; Rules of Civil Procedure applicable; burden of proving judgment entitled to full faith and credit.

(A) The judgment debtor may file a motion for relief from, or notice of defense to, the foreign judgment on the grounds that the foreign judgment has been appealed from, that enforcement has been stayed by the court which rendered it, or on any other ground for which relief from a judgment of this State is allowed.
(B) If the judgment debtor has filed a motion for relief or notice of defenses, then the judgment creditor may move for enforcement or security of the foreign judgment as a judgment of this State, if all appeals of the foreign judgment are finally concluded and the judgment is not further contested. The judgment creditor's motion must be heard before a judge who has jurisdiction of the matter based upon the amount in controversy as the amount remaining unpaid on the foreign judgment. The South Carolina Rules of Civil Procedure apply. The judgment creditor has the burden of proving that the foreign judgment is entitled to full faith and credit.
HISTORY: 1993 Act No. 80, Section 1; 2000 Act No. 306, Section 2.

Structure South Carolina Code of Laws

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 15-35-920. Filing of foreign judgment and affidavit; docketing and indexing; effect; stay of enforcement upon filing of motion for relief or notice of defense.

Section 15-35-930. Notice of filing; service and proof of service of notice.

Section 15-35-940. Motion for relief from, or notice of defense to, foreign judgment; grounds; motion for enforcement; Rules of Civil Procedure applicable; burden of proving judgment entitled to full faith and credit.

Section 15-35-950. Article does not impair judgment creditor's right to bring civil action in State to enforce judgment.

Section 15-35-960. Inapplicability to judgments based on claims contrary to public policy.