Judgment Liens on Property in South Carolina

You have a court judgment and you want to collect. But how? We'll explain South Carolina's judgment lien rules, and tell you how to turn your lien into cash.

By , Attorney University of Missouri–Kansas City School of Law
Updated 3/27/2025

You took someone to court and you won. Yay! Now comes the really hard part. You've got a piece of paper called a "money judgment," saying they (the judgment debtor) owe you money. What comes next? How do you—the judgment creditor—turn your judgment into cold, hard cash?

One option—if the judgment debtor owns property—is to put a judgment lien on it. That's our focus here. After a quick introduction to judgments and judgment liens, we turn our attention to the specifics of South Carolina law. These are some of the questions we'll answer.

  • What's the difference between a judgment and a judgment lien?
  • What kinds of South Carolina property can you put a judgment lien on?
  • How do you get a South Carolina judgment lien?
  • How long does your South Carolina judgment lien last?
  • How can you turn your judgment lien into money?

Before you begin, you might want to get some helpful tips for collecting money judgments.

The Difference Between a Money Judgment and a Judgment Lien

Money judgments and judgment liens go hand in hand, but they're two very different things. A money judgment is simply a court order that says a judgment creditor is entitled to a sum of money from a judgment debtor. To collect that money, the creditor first must associate the judgment with property that's available to satisfy the debtor's obligation.

That's where the judgment lien comes in. In most states, once a money judgment is properly recorded in the correct place, it attaches to the judgment debtor's property. As long as that property isn't exempt, it then can be sold in a process called "execution." After execution, the net sale proceeds get paid out to creditors—including judgment creditors—who have valid liens on the property.

Specific rules and procedures for collecting judgments vary from one state to the next. Let's see how it's done in South Carolina.

South Carolina's Judgment Lien Statutes

The judgment and judgment lien statutes for South Carolina's main civil trial court—called the Court of Common Pleas—are located in Title 15, Chapter 35 of the South Carolina Code (S.C. Code). Statutes concerning executions on (seizures of property to enforce) judgments can be found in Title 15, Chapter 39.

Most of our focus is on:

If your judgment is from a federal court or a different state's court, S.C. Code Title 15, Chapter 11 (2025) explains how to enforce those judgments in South Carolina.

Note that special rules apply to enforcing judgments of South Carolina's small claims court, called the Magistrate Court. (See S.C. Code § 22-3-300 (2025) (filing magistrate court judgments) and §§ 22-3-310-22-3-320 (2025) (executions on magistrate court judgments).)

How to Put a Judgment Lien on South Carolina Real Estate

The steps you must take to get a real estate judgment lien depend on where you want your lien to be effective. The two possibilities are:

  • you want your lien to be effective in the county where you were awarded the judgment, and
  • you want your lien to be effective in a different South Carolina county.

To get a judgment lien in a different state, you'll need to follow that state's rules.

County Where the Judgment Was Awarded

As a rule, there's not much to do when you want a judgment lien in the county where you got the judgment. For judgments from the court of common pleas, the clerk of the court will enter your judgment in the county's judgment abstract. You've then got a judgment lien against all the judgment debtor's real estate in the county.

(See S.C. Code §§ 15-35-520 (2025) (filing judgment in abstract) and 15-35-810 (2025) (judgment lien on real estate).)

If your judgment is from a magistrate court, take a copy of the judgment transcript (ask the court clerk—they'll know what you want) to the court of common pleas so the court clerk can enter it in the judgment abstract. Once that's done, you've got a judgment lien.

(See S.C. Code §§ 22-3-300 (2025) (recording transcript) and 15-35-810 (2025) (judgment lien on real estate).)

Different South Carolina County

There's not much more to it when you want a judgment lien in a different county. Here are the steps.

Step 1: Get a Transcript of the Judgment

Go to the court clerk's office for the court where the judgment was entered (court of common pleas or magistrate court) and ask for a certified judgment transcript. The clerk will know what you want. They'll prepare a transcript, sign it, and affix the court seal. If you prefer, you can download a transcript of judgment form from the judiciary's forms webpage and complete it yourself, but the clerk will still have to sign and seal it.

You'll need a certified transcript for each county where you want a judgment lien.

Step 2: Record the Judgment in the Judgment Abstract

Take the certified transcript—and to be on the safe side, a copy of the judgment itself—to the court of common pleas clerk's office in each county where you want a judgment lien. That's probably each county where the judgment debtor owns (or might in the future own) real estate. Tell the clerk you want to record a certified judgment transcript. They'll know what to do.

Once it's recorded, you've got a real estate judgment lien in that county.

(See S.C. Code § 15-35-540 (2025).)

No Judgment Lien on Personal Property

A judgment lien doesn't attach to South Carolina personal property—things like autos, boats, artwork, furniture, and electronics. But that's not the end of the story. You can have a judgment debtor's personal property seized by the county sheriff and sold at auction, but the process is different than for attaching a judgment lien.

Overview of the Execution Process

To seize personal property, you first must have your judgment recorded in the county's judgment abstract (see discussion above). Do this in each county where the judgment debtor has property you want seized. (S.C. Code § 15-39-40 (2025).)

Next, you must prepare a writ of execution, a document that orders the sheriff to locate, seize, and sell the judgment debtor's property. Make sure the writ includes all the information required by S.C. Code § 15-39-80 (2025). Once you've delivered it and paid all necessary fees and costs, the sheriff will execute the writ.

Many times, the sheriff won't locate any assets to seize. In that event, they'll return the writ "nulla bona," meaning without having seized anything. If you want to search for other assets belonging to the judgment debtor, get help from an experienced South Carolina collection lawyer.

Research Before You Execute

Check with the sheriff's office before you start the process to execute against personal property. For starters, most sheriffs will only execute on titled or registered assets like motor vehicles, boats, and airplanes. Proving ownership of household items like artwork, jewelry, and electronics often is just too big a hassle.

Second, you'll have to pay the sheriff—up front—for costs such as towing, transportation, and storage fees. These and other expenses can add up quickly.

Finally, it's likely that there are preexisting liens against big ticket, titled assets. If so, selling them at auction might not net enough cash to satisfy your debt. In fact, you might end up even deeper in the hole after paying the costs and expenses of execution.

No Lien or Execution on Exempt Property

South Carolina, like all states, puts some property beyond the reach of judgment creditors. In legal terms, it's called "exempt" property. (See S.C. Code § 15-35-820 (2025).)

S.C. Code § 15-41-30 (2025) itemizes specific types and amounts of real estate and personal property a judgment debtor is allowed to keep, free of liens and execution.

Exemptions include (among other things) up to:

  • $50,000 in real estate or personal property used as a primary residence (the "homestead exemption")
  • $5,000 in one motor vehicle
  • $4,000 in furnishings, appliances, clothing, books, animals, crops, and musical instruments used for personal, family, or household purposes
  • $1,500 in books, equipment, and tools used in a trade or business, and
  • $5,000 in cash and liquid assets, if the debtor doesn't claim a homestead exemption.

How Long Is Your Judgment Lien Good?

If you've done everything correctly, you have a judgment lien against the judgment debtor's real estate in each South Carolina county where your judgment or a certified transcript was recorded on the judgment abstract. The lien is effective from the date of recording and remains good for 10 years from the date of the judgment, unless the judgment debtor pays it off before then.

(See S.C. Code § 15-35-810 (2025).)

Keep these two important points in mind. First, you're not allowed to renew or extend the life of your judgment or your judgment lien. The judgment becomes unenforceable after 10 years. (See S.C. Code § 15-39-30 (2025).)

Second, this deadline means all collection activity must be complete before the 10-year period expires. In other words, it's not enough that you've started the process of executing on your judgment lien. That process (and all other collection activity) must be done. (See Gordon v. Lancaster, No. 2017-000640, S.C. Sup. Ct. 2017).)

South Carolina Judgment Lien Priority

Having a valid judgment lien makes you a secured creditor, but that doesn't guarantee that you'll collect the money you're due. Why? Because as a general rule, South Carolina follows the "first in time, first in line" rule, meaning that earlier secured creditors get payment priority over later creditors.

An example will illustrate. Doe owns a Charleston rental property. First National Bank has a purchase-money first mortgage with a balance of $250,000. Doe improved the property with a second mortgage having a balance of $25,000.

Sadly, Doe injured Smith and Jones in separate auto accidents. Jones got a judgment against Doe for $150,000 and immediately recorded a judgment lien in that amount. Smith later got a judgment against Doe for $75,000 and also recorded a judgment lien against the property.

Finally, Doe ran into financial hard times and quit paying both the first and second mortgages. This led to a property tax arrearage of $8,000. Assume that First National Bank foreclosed on its mortgage and the property sold at auction for $450,000. Who gets paid, and in what order?

It looks like this.

Creditor Amount Remaining Sale Proceeds
N/A - Sales Proceeds $450,000 $450,000
County Tax Assessor $ 8,000 $442,000
First National Bank $250,000 $192,000
Home Improvement Loan $ 25,000 $167,000
Jones Judgment Lien $150,000 $ 17,000
Smith Judgment Lien $ 75,000 $ (58,000)

Some liens, including those for unpaid property taxes and homeowners' association dues, usually jump to the front of the line, ahead of all other creditors. So, the unpaid property tax bill comes straight off the top.

Next in line are the purchase money and second mortgage lenders, who get paid in order of their priority. Jones and Smith come next, but Smith—as last in line—gets the short end of the stick. Smith will collect just $17,000 of their $75,000 judgment lien.

The moral of the story? Where you stand in priority as a judgment creditor is one factor that determines whether and how much you'll get paid on your debt. If you have questions about your lien's priority, speak to a South Carolina creditor's rights attorney.

How Do You Turn a South Carolina Judgment Lien Into Money?

There are three ways you might turn your judgment lien into cash. First, you can negotiate a settlement with the judgment debtor. Second, you can simply sit tight, wait for the judgment debtor to sell or refinance the property, and see if they approach you to make your lien go away. Third and finally, you might execute on your lien, forcing a sale of the property.

As a rule, the first two options will be preferable to the third. Here's why.

Negotiated Settlement

A negotiated settlement is likely to be the quickest and lowest-cost resolution. And it probably gives you the most control over the outcome, too. Yes, chances are you'll have to take less than the amount of your lien, but in the end, the final decision belongs to you. If you can live with something less, you collect the cash and get to move on.

Wait for a Sale or Refinance

You probably won't get paid anytime soon, which can be frustrating. But if you're willing to wait for the judgment debtor to sell or refinance, then you stand a decent chance of getting paid. Why? Because a buyer or lender almost certainly will insist on clear title, meaning no judgment liens.

Odds are the judgment debtor will approach you to make a deal. But here—unlike a typical negotiated settlement—you've got the upper hand. If they want your lien to disappear, they've got to pay you what you're owed. If a buyer is willing to take the real estate subject to your lien, then the waiting game simply continues.

Execution Sale

You might be tempted to have the sheriff execute on the judgment debtor's real estate, selling it at public auction. To do this, you'll need a writ of execution (see discussion above). But before taking this step, be sure to do your homework.

Specifically, try to get an idea of how much the property will sell for, and find out who's ahead of you in payment priority. Be sure that you'll come away with enough money to make it worth your while.

Note, too, that a forced execution sale is more likely to prompt the judgment debtor to file for bankruptcy. Should that happen, your only recourse is probably to file a proof of claim, sit back, and hope for the best.

Next Steps

While we've touched on the basics of South Carolina judgment lien law, there's much more we haven't covered. Navigating through the process of recording judgments, getting writs of execution, and sorting out confusing priority rules can be intimidating tasks.

If you have a judgment and you want to improve your odds of collecting, think about speaking to an experienced South Carolina creditor's rights or collection lawyer. This is someone who can assess your circumstances and recommend the best course of action to improve your chances of getting paid. They can also handle settlement negotiations and, if necessary, represent you in the judgment debtor's bankruptcy.

Further Reading
Should I Ask for a Jury Trial?
Getting Rid of Judgment Liens in Bankruptcy
Judgment Liens on Property in the District of Columbia (D.C.)