(A) The judgment debtor may file a motion for relief from, or notice of defense to, the foreign judgment on the grounds that the foreign judgment has been appealed from, that enforcement has been stayed by the court which rendered it, or on any other ground for which relief from a judgment of this State is allowed.

(B) If the judgment debtor has filed a motion for relief or notice of defenses, then the judgment creditor may move for enforcement or security of the foreign judgment as a judgment of this State, if all appeals of the foreign judgment are finally concluded and the judgment is not further contested. The judgment creditor’s motion must be heard before a judge who has jurisdiction of the matter based upon the amount in controversy as the amount remaining unpaid on the foreign judgment. The South Carolina Rules of Civil Procedure apply. The judgment creditor has the burden of proving that the foreign judgment is entitled to full faith and credit.

Terms Used In South Carolina Code 15-35-940

  • Foreign judgment: means a judgment, decree, or order of a court of the United States or a court of another state which is entitled to full faith and credit in this State, except any orders as defined in § 63-17-2910 (the Uniform Interstate Family Support Act) or a "custody decree" as defined in § 63-15-302 (the Uniform Child Custody Jurisdiction Act). See South Carolina Code 15-35-910
  • Judgment creditor: means the party in whose favor a foreign judgment has been rendered. See South Carolina Code 15-35-910
  • Judgment debtor: means the party against whom a foreign judgment has been rendered. See South Carolina Code 15-35-910
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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