Whenever the judge shall grant an order for the appointment of a receiver of the property of the judgment debtor the order shall be filed in the office of the clerk of the court of common pleas of the county in which the judgment roll in the action or the transcript from the magistrate's judgment upon which the proceedings are taken is filed. The clerk shall record the order in a book, to be kept for that purpose in his office to be called "book of orders appointing receivers of judgment debtors" and shall note the time of the filing of such order therein. A certified copy of the order shall be delivered to the receiver named therein, and he shall be vested with the property and effects of the judgment debtor from the time of the filing and recording of the order as aforesaid. The receiver of the judgment debtor shall be subject to the direction and control of the court in which the judgment was obtained or docketed upon which the proceedings are founded.
A certified copy of the order shall also be filed and recorded in the office of the register of deeds of the county in which any real estate of such judgment debtor sought to be affected by such order is situated and also in the office of the register of deeds of the county in which such judgment debtor resides.
HISTORY: 1962 Code Section 10-1734; 1952 Code Section 10-1734; 1942 Code Section 751; 1932 Code Section 751; Civ. P. '22 Section 618; Civ. P. '12 Section 356; Civ. P. '02 Section 318; 1870 (14) 494 Section 324; 1997 Act No. 34, Section 1.
Structure 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 15-39-140. 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 15-39-430. 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 15-39-770. Compensation of officer making sale of real estate.
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 15-39-880. Certain liens extinguished by sale when lien creditor is a party to proceeding.
Section 15-39-890. Reacquisition of property by lien debtor.