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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37365
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Judgment rendered agaisnt me August 2004, South

Customer Question

Judgment rendered agaisnt me August 2004 , South Carolina......ten years up....lost active energy . Plaintiff filed a foresclosure of judgment lien in 2009 to sell property. Judge ruled to order foreclosure in July 2012 . No sale has taken place. Does this supplemental proceedings toll the judgment ?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the judgment creditor hasn't taken action within ten years of the issuance of the judgment to enforce it and force a sale of the property, then their judgment lien would expire and they would be time barred from attempting to pursue enforcing the judgment any longer.

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So if the judgment was issued in 2004, they would have had up to 10 years to enforce it and after that, it is beyond the statute of limitations for enforcement.

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Additional proceedings don't act to toll any statute of limitations..

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thanks

Barrister

Customer: replied 1 year ago.
A judgment lien in South Carolina is a statute of repose , not a statute of limitations ; see The Linda McCompany v. James Shore , SC Court of Appeals opinion # 26878 ? You did not answer my Question fully . When the Circuit Judge oredered
the sale of my property on July 30 , 2012 , I appealed that decision.....Court of Appeals has not rendered their decision !
Customer: replied 1 year ago.
Does the supplemental proceedings , Order of Foreclosure ( July 30, 2012 ) toll the judgment ? thanks...
Expert:  Barrister replied 1 year ago.

Ok, I misunderstood your question and thought the creditor was awarded a judgment, but simply never took action to enforce it within the 10 year period that the judgment would have been enforceable.

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But if they have acted within that 10 year limit to try and enforce it, and you have appealed, then the SOL would be tolled until the appeal is decided.

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In the case you refer to, that statement is made by the dissenting judges....meaning the ones who didn't agree with the majority who decided differently. So the dissenting opinion issued by Beatty doesn't have any force of law as it is in opposition to what the court actually ruled.. Beatty points out "The majority is correct in concluding that section 15-39-30 is not a statute of limitation. In my view, the majority is incorrect in concluding that it operates similar to one under the facts of this case."

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The case actually says "Petitioners argue an actual controversy ceased to exist upon the expiration of the statutory period making the case moot. Even if this Court agreed with Petitioners' interpretation of section 15-39-30, there would still be a dispute regarding issue preservation. Nonetheless, there is an actual controversy between the parties and expiration of the ten-year time limit did nothing to extinguish that controversy or render this Court unable to grant effectual relief.""

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Which means that as long as the creditor took action within 10 years to enforce the judgment, any appeal that caused the judgment to go past 10 years wouldn't cause it to be invalid but would toll it until the appeals court made a decision.

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From the case you cited:

""However, the Court in Hardee also stated our state's statutes "clearly evince the legislative purpose to nullify the effective force of a judgment after ten years, unless revived, or suit thereon be brought before the expiration of the period allowed by law." Id. at 14, 46 S.E.2d at 182; see also Hughes v. Slater, 214 S.C. 305, 312, 52 S.E.2d 419, 422 (1949) (indicating filing an action preserves lien even though statutory period expires while the matter is pending).""

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And

""In this case, the judgment was entered June 2, 1995 and the order was issued June 3, 2005. While the order came after the ten-year period, a petition for supplemental proceedings was filed before the ten-year period expired. Therefore, the judgment had active energy on June 3, 2005 because that order was the result of the supplemental proceedings filed during the ten-year period. ""

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So the bot***** *****ne is that filing an appeal to extend a case beyond the expiration of the 10 year SOL doesn't serve to make a judgment unenforceable and it would appear that it does toll the SOL.

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thanks

Barrister

Customer: replied 1 year ago.
thanks.....I will be back to you today .
Expert:  Barrister replied 1 year ago.

You are welcome... I hate reading case law, but this one seems to be fairly clear...

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thanks

Barrsiter

Customer: replied 1 year ago.
Judgment was awarded to the Plaintiff , $ 191,500.00 in August 2004 . Plaintiff (Attorney) filed a Writ of Execution in Sept 2004,
Plaintiff filed a "Nulla Bona" in October 2004. Stopped Execution. 5 years later...Plaintiff files another Writ to Execute 2009 ,
Sheriff had sale on Courthouse steps........unset bid sale 30 days later . High bidder did not pay for property. Plaintiff's Attorney
cancelled sale . 2009....never filed another Writ of Execution. 3 years later ...Attorney files a Motion to "foreclose on judgment lien 2012.....Judge Orders to Foreclose on property July 30, 2012...not an "execution". Judgment was entered in
the judgment roll OR book of abstracts. I appealed the Order to foreclose , that's still active.. Plaintiff never executed on the judgment since 2009 . 15-39-30 South Carolina .
Customer: replied 1 year ago.
Judgment WAS NEVER entered .in the judgment roll or book of abstracts . left out never in the above reply.
Expert:  Barrister replied 1 year ago.

Ok, I am not sure that any of that information would change what I said earlier... If the plaintiff took action prior to the 10 years expiring, then I would opine that any appeal would toll the time to collect pending the decision of the appeals court.

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thanks

Barrister