An abstract of judgment is a written summary of a court’s judgment (final decision made by the judge or jury) that reflects how much the party who lost a lawsuit (the judgment debtor) owes the party who won the lawsuit (the judgment creditor)—including the rate of interest owed on the amount of the judgment until it is paid, the amount of court costs, and possibly the amount of the judgment creditor’s attorney fees the judgment debtor must pay as part of the judgment.
An abstract of judgment is usually filed in the county records and serves as notice of a lien or claim on any real estate (real property) owned or acquired by the judgment debtor in that county. If the judgment debtor does not pay the judgment, the judgment creditor may be able to force a sheriff’s sale of any real property in the county owned by the judgment debtor, with some or all of the proceeds of the sale being used to pay the judgment.
In South Carolina, an abstract of judgment is a condensed version of a court's final decision, which outlines the amount owed by the judgment debtor to the judgment creditor, including interest, court costs, and potentially attorney fees. Once the judgment is rendered, the creditor can file this abstract with the county's public records. This filing creates a lien on any real property the debtor owns or acquires within that county, serving as a public notice of the creditor's claim against the debtor's property. If the debtor fails to satisfy the judgment, the creditor may initiate legal proceedings to enforce the lien, which could lead to a sheriff's sale of the property. The proceeds from such a sale would then be applied to the outstanding judgment amount. It's important to note that certain exemptions may apply, protecting some of the debtor's property from being sold to satisfy the judgment. An attorney can provide specific guidance on the process and implications of filing and enforcing an abstract of judgment in South Carolina.