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In SC, I won in small claims $6000 and I got a "nulla bona"

In SC, I won in...
In SC, I won in small claims $6000 and I got a "nulla bona" from the sheriff, I read about supplemental proceedings but I don't what's next.
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Answered in 3 minutes by:
9/19/2017
legalgems
legalgems, Lawyer
Category: Legal
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Are you trying to collect on the garnishment by execution or by wage assignment?

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Customer reply replied 9 months ago
It's money from a job from an individual, but I wasnt an employee. I guess is garnishment.

Thank you;

so a nula bona means that the sheriff could not locate any non exempt property (property that is eligible to be sold at sheriff's sale, with the proceeds applied to an outstanding judgment -which is good for 10 years).

If the sheriff comes back empty handed, then the next option is to file a petition with the courts for a debtor's exam -this is done by filing a show cause petition and order of reference. This allows the judgment creditor to question the judgment debtor as to his/her assets (location, amount, etc) so that it is easier to attach those assets.

Unfortunately that does require more time and effort by the judgment creditor so if one knows the judgment debtor is "judgment proof" then they may reconsider the viability of pursuing it further - unless the judgment debtor comes into non exempt assets in the future.

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Customer reply replied 9 months ago
He's got money and assets, but everything is at his sister's name. Can I do that myself? Since $6000 is not enough to hire a lawyer.

Yes a party can conduct the debtor's exam themselves (in pro per) but if everything is in a third party's name it is difficult to prove fraudulent transfer; if there is a fraudulent transfer (designed to avoid creditors) the court can "void" those transactions since both parties are complicit in the fraud.

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