Except as otherwise set forth in this section, at any time after entry of a default judgment in favor of a creditor and against a consumer in an action arising from a consumer credit transaction, the court which rendered judgment, for cause including lack of jurisdiction to render the judgment, and upon motion of a party or its own motion, with notice as the court may direct, may stay enforcement of or relieve the consumer from the judgment by order upon just and equitable conditions; provided, however, that whenever the motion is based on the mistake, inadvertence, surprise or excusable neglect of the consumer, the motion must be filed within one year after the date the judgment is entered in the abstract of judgments pursuant to Section 15-35-520.
HISTORY: 1982 Act No. 385, Section 46.
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Chapter 5 - Remedies And Penalties
Section 37-5-101. Short title.
Section 37-5-103. Restrictions on deficiency judgments in consumer credit sales.
Section 37-5-104. No garnishment.
Section 37-5-106. No discharge from employment for garnishment.
Section 37-5-107. Extortionate extensions of credit.
Section 37-5-108. Unconscionability; inducement by unconscionable conduct.
Section 37-5-110. Notice of consumer's right to cure.
Section 37-5-111. Cure of default.
Section 37-5-112. Creditor's right to take possession after default.
Section 37-5-113. Venue, complaint, stay of enforcement of or relief from default judgment.
Section 37-5-114. Complaint; proof; entry of default judgment.
Section 37-5-115. Stay of enforcement of or relief from default judgment.
Section 37-5-202. Effect of violations on rights of parties.
Section 37-5-203. Civil liability for violation of disclosure provisions.
Section 37-5-205. Refunds and penalties as setoff to obligation.
Section 37-5-301. Wilfull violations.