Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.
In South Carolina, the execution of judgment is governed by state statutes and rules of civil procedure. When a judgment creditor wishes to enforce a judgment for the collection of money, they may request a writ of execution from the court. This writ authorizes the sheriff or constable to seize assets belonging to the judgment debtor. The seized assets can include bank accounts, personal property, and real estate, which may be sold at a sheriff's sale to satisfy the judgment. The proceeds from the sale are then used to pay the judgment creditor. South Carolina law provides specific procedures and exemptions that protect certain property of the debtor from seizure, such as a homestead exemption and limits on wage garnishment. It is important for judgment creditors to follow these procedures carefully to avoid claims of wrongful execution, and for judgment debtors to be aware of their rights and any applicable exemptions.