So You Have A Judgment, Now What? Second Edition
Rose D. Manos
Updated and Revised by Jacob (Jake) S. Barker
Judgment collections can be very interesting, lucrative and rewarding work. However, with any area of the law, it requires patience, skill and attention to detail. Rose Manos' original version has long been an essential resource for judgment creditor attorneys in South Carolina, and this revised and updated Second Edition by Jake Barker is exactly what you need to give you a primer in this area of practice. This timely, straightforward and practical book guides the practitioner to relevant statutory and case law and includes nine sample forms, included on the accompanying CD.
Summary of Contents
Chapter 1: First Things First
I. Learn About Your Client and the Debtor
II. Evaluate the Collectability of the Judgment
III. Make Sure Your Judgment Is Filed Properly
IV. Determine What Exemptions Apply
Chapter 2: Execution
Chapter 3: Supplemental Proceedings
I. What Are Supplemental Proceedings?
II. How Do You Obtain Supplemental Proceedings?
III. What Happens in Supplemental Proceedings?
IV. Can a Creditor Conduct Discovery in Supplemental Proceedings?
V. What Property Can be Reached in Supplemental Proceedings?
VI. Can a Fraudulent Conveyance be Set Aside in Supplemental Proceedings?
VII. Can a Corporate Veil be Pierced in Supplemental Proceedings?
Chapter 4: Judgment Expiration
I. How Long Does a Judgment Last?
Chapter 5: The Uniform Enforcement of Foreign Judgments Act
I. Judgments from Other State Courts Are Enrolled in South Carolina Under the Uniform Enforcement of Foreign Judgments Act
II. When Does the Ten-Year Execution Clock Start Running on a Judgment from Another State Filed in South Carolina?
III. What Happens if a Creditor Tries to Domesticate a Renewed Judgment from Another State in South Carolina?
Chapter 6: Property Encumbered by A Judgment
What Property Is Encumbered by a Judgment?
What Are Charging Orders and How Does a Creditor Get Its Money with a Charging Order?
Chapter 7: Piercing the Corporate Veil
Under What Circumstances Can a Corporate Veil be Pierced to Hold an Individual Liable for a Corporate Debt or Vice Versa?
Chapter 8: Fraudulent Conveyances
I. Under What Circumstances Can a Conveyance be Set Aside?
II. How Long Does a Creditor Have to Set Aside a Fraudulent Conveyance?
Chapter 9: Receivers
Exhibit A: Sample Copy of State Court Transcript of Judgment
Exhibit B: Sample Copy of District Court Transcript of Judgment
Exhibit C: Sample Copy of Bankruptcy Court Transcript of Judgment
Exhibit D: Sample Confession of Judgment with Verification
Exhibit E: Sample Execution Against Judgment
Exhibit F: Sample Petition, Affidavit, Rule to Show Cause, Order, Order of Reference, and Notice of Hearing
Exhibit G: Sample Motion to Freeze Assets and Order
Exhibit H: Sample Notice of Filing Foreign Judgment and Affidavit
Exhibit I: Sample Charging Order