§ 29-5-10 Lien of person furnishing labor and materials for buildings or structures; offers of settlement
§ 29-5-15 Filing requirements; penalty for frivolous lien
§ 29-5-20 Lien of laborer, mechanic, subcontractor or materialman; limits on aggregate amount of liens filed by sub-subcontractor or supplier; limits on total aggregate amount of liens; exceptions; settlement of action to enforce lien
§ 29-5-21 Services of surveyor and real estate licensee as improving real estate; real estate licensee’s liens
§ 29-5-22 Reasonable rental value of tools, appliances, machinery, and equipment
§ 29-5-23 Notice of Project Commencement; location notice; failure to file notice
§ 29-5-25 Private security guard services at site of real estate improvement
§ 29-5-26 Landscape services
§ 29-5-27 Laborer and person defined
§ 29-5-30 Lien against debtor with life estate or whose estate is less than fee simple
§ 29-5-40 Notice to owner before lien attaches when laborer was employed by someone other than owner
§ 29-5-50 Lienor’s preference over contractor
§ 29-5-60 Proration of payments among lienors
§ 29-5-70 Force of lien against existing recorded mortgage
§ 29-5-80 Notice of nonresponsibility by owner of building or structure
§ 29-5-90 Dissolution of lien for failure to serve and file statement; contents of statement
§ 29-5-100 Proceedings not invalidated by inaccuracy of statement of account
§ 29-5-110 Release of lien upon filing written undertaking and security
§ 29-5-120 Time for bringing suit to enforce lien; dissolution and release of lien
§ 29-5-130 Enforcement of certain liens before magistrate’s court
§ 29-5-140 Enforcement of lien by petition to court of common pleas
§ 29-5-150 Service of petition
§ 29-5-160 Contents of petition
§ 29-5-170 Petition filed by multiple lienors
§ 29-5-180 Amendments of pleadings
§ 29-5-190 Notice to owner and other creditors
§ 29-5-200 Notice by publication or other than personal service
§ 29-5-210 Further notice of suit
§ 29-5-220 Hearing on claims of lienors
§ 29-5-230 Questions for jury
§ 29-5-240 Determination of claims due but not yet payable
§ 29-5-250 Recovery for part performance
§ 29-5-260 Sale of premises if lien established
§ 29-5-270 Sale of part of property
§ 29-5-280 Notice of sale
§ 29-5-290 Distribution of proceeds of sale
§ 29-5-300 Distribution of proceeds by court
§ 29-5-310 Distribution of surplus
§ 29-5-320 Prior attaching creditor is preferred
§ 29-5-330 Distribution of proceeds where there is attaching creditor
§ 29-5-340 Subsequent attachments
§ 29-5-350 Attachments intervening between two liens
§ 29-5-360 Rights of creditors among themselves
§ 29-5-370 Persons against whom lien may be enforced when debtor dies or conveys his interest
§ 29-5-380 Executor or administrator may enforce creditor’s lien
§ 29-5-390 Suits begun by one creditor may be prosecuted by another
§ 29-5-400 Allowance of claim and costs of petitioning creditor
§ 29-5-410 Costs
§ 29-5-420 Civil action not barred
§ 29-5-430 Recording discharge or release of lien
§ 29-5-440 Suit on payment bond
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Terms Used In South Carolina Code > Title 29 > Chapter 5 - Mechanics' Liens

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Coroner: means the person elected or serving as the county coroner pursuant to Section 24 of Article V of the South Carolina Constitution, 1895, this chapter, and Chapter 7 of Title 17. See South Carolina Code 17-5-5
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deputy coroner: means a person appointed pursuant to § 17-5-70. See South Carolina Code 17-5-5
  • Deputy medical examiner: means a licensed physician employed by the medical examiner, with the approval of the commission, to perform post-mortem examinations, autopsies, and examinations of other forms of evidence as required by this chapter. See South Carolina Code 17-5-5
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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.
  • Juror: A person who is on the jury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Medical examiner: means the licensed physician or pathologist designated by the county medical examiner's commission pursuant to Article 5 of this chapter for the purpose of performing post-mortem examinations, autopsies, and examinations of other forms of evidence required by this chapter. See South Carolina Code 17-5-5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • prosecutorial discretion: shall mean the power of the circuit solicitor to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken and, if so taken, of what kind and degree and to what conclusion. See South Carolina Code 17-22-20
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.