South Carolina Code of Laws
Chapter 39 - Executions And Judicial Sales Generally
Section 15-39-310. Order for discovery of property.

When an execution against property of the judgment debtor or any of the several debtors in the same judgment issued to the sheriff of the county in which he resides or has a place of business or, if he does not reside in the State, to the sheriff of the county in which a judgment roll is filed is returned unsatisfied in whole or in part the judgment creditor at any time after such return is made is entitled to an order from a judge of the circuit court requiring such judgment debtor to appear and answer concerning his property before such judge at a time and place specified in the order within the county to which the execution was issued. After the issuing of an execution against property and upon proof by affidavit of a party or otherwise, to the satisfaction of the court or a judge thereof, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment such court or judge may by an order require the judgment debtor to appear at a specified time and place to answer concerning the same. And such proceedings may thereupon be had for the application of the property of the judgment debtor towards the satisfaction of the judgment as are provided upon the return of an execution.
HISTORY: 1962 Code Section 10-1721; 1952 Code Section 10-1721; 1942 Code Section 746; 1932 Code Section 746; Civ. P. '22 Section 613; Civ. P. '12 Section 351; Civ. P. '02 Section 312; 1870 (14) 492 Sections 318, 319; 1919 (31) 236.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 15 - Civil Remedies and Procedures

Chapter 39 - Executions And Judicial Sales Generally

Section 15-39-10. Kinds of execution.

Section 15-39-20. Executions of course within ten years.

Section 15-39-30. Issuance of executions; effective period.

Section 15-39-40. Counties to which execution may be issued.

Section 15-39-50. Execution against the person.

Section 15-39-60. Execution against married woman.

Section 15-39-70. Executions may be taken out by administrators de bonis non.

Section 15-39-80. Contents of executions.

Section 15-39-90. Executions on judgments of inferior courts.

Section 15-39-100. Execution constitutes no lien on personal property prior to levy.

Section 15-39-110. Sheriff may break into house in certain cases.

Section 15-39-120. Sheriff to keep memorandum of levy; schedule.

Section 15-39-130. Returns.

Section 15-39-140. Failure or neglect to make return.

Section 15-39-150. Sheriff must give notice of money collected.

Section 15-39-310. Order for discovery of property.

Section 15-39-320. Arrest in lieu of discovery order.

Section 15-39-330. Examination of witnesses and debtor.

Section 15-39-340. Debtor of execution debtor may pay debt to sheriff.

Section 15-39-350. Examination of debtors of judgment debtor.

Section 15-39-360. Proceedings against joint debtors.

Section 15-39-370. Witnesses may be required to testify.

Section 15-39-380. Compelling party or witnesses to attend.

Section 15-39-390. Master shall certify examination to judge.

Section 15-39-400. Examinations and answers shall be under oath.

Section 15-39-410. Property which may be ordered to be applied to execution.

Section 15-39-420. Withholding of wages pursuant to foreign garnishment proceeding prohibited under certain circumstances.

Section 15-39-430. Judge may appoint receiver.

Section 15-39-440. Prohibition of transfer or of interference with property.

Section 15-39-450. Filing and effect of order appointing receiver.

Section 15-39-460. Proceedings on claims of others to property or on denial of indebtedness.

Section 15-39-480. Costs of proceeding.

Section 15-39-490. Punishment for contempt.

Section 15-39-610. Property taken under execution shall be sold.

Section 15-39-620. Estates held in trust may be sold.

Section 15-39-630. Where and by whom sales made.

Section 15-39-635. Judicial sales by referees.

Section 15-39-640. Sheriff shall make judicial sales; fees.

Section 15-39-650. Sheriff shall advertise sale of property.

Section 15-39-660. Contents of advertisement of sale; manner of publication.

Section 15-39-680. Judicial sale days.

Section 15-39-690. Hours of sale.

Section 15-39-700. Place of sales.

Section 15-39-710. Sheriff's execution sales shall be for cash; resale.

Section 15-39-720. Upset bids within thirty days on foreclosure or execution sale.

Section 15-39-730. Upset bids in other judicial sales.

Section 15-39-740. Deposits by bidders.

Section 15-39-750. Return of deposit when bid raised.

Section 15-39-760. Provisions of Sections 15-39-720 to 15-39-750 inapplicable to certain foreclosure suits.

Section 15-39-770. Compensation of officer making sale of real estate.

Section 15-39-780. Sale by debtor of property subject to levy and sale; proceeds shall be paid over to sheriff.

Section 15-39-790. Sale by debtor of property subject to levy and sale; confirmation of sale and deed.

Section 15-39-800. Sale by debtor of property subject to levy and sale; proceedings if judgment creditors object to sale.

Section 15-39-810. Sale by debtor of property subject to levy and sale; endorsement on conveyance in case of objection.

Section 15-39-820. Sale by debtor of property subject to levy and sale; proceedings when sale by sheriff brings more.

Section 15-39-830. Conveyance after sale.

Section 15-39-840. Conveyances of real estate sold under execution.

Section 15-39-850. Successors of selling officers may make title.

Section 15-39-860. Recording and indexing of execution conveyances.

Section 15-39-870. Judicial sales shall be res judicata as to innocent purchasers, even without confirmation.

Section 15-39-880. Certain liens extinguished by sale when lien creditor is a party to proceeding.

Section 15-39-890. Reacquisition of property by lien debtor.

Section 15-39-900. Proceeds paid to prior judgment lienor.