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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33762
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If a judgement is granted in Texas on a debt that could not

Customer Question

If a judgement is granted in Texas on a debt that could not have been granted in South Carolina due to the statute of limitations, and the person moves back to South Carolina, where the debt was fully incurred and defaulted on, can the Texas judgement be enforced in South Carolina?
Submitted: 10 months ago.
Category: Legal
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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can the Texas judgement be enforced in South Carolina?

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Yes, under the Full Faith and Credit Clause of the Constitution, a judgment granted in one state will be recognized by all other states and can be enforced in other states once it is "domesticated" by recording a copy of the judgment in the county where the plaintiff seeks to enforce it.

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So if the person chose another state to sue in because the SOL was longer there, then it would be up to the defendant to object if there was no minimum contacts with that longer SOL state and argue that this is "forum shopping" and should not be allowed.

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SC law for credit card debt statute of limitations is SC Code 15-3-530

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thanks

Barrister

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