§ 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

Terms Used In South Carolina Code > Title 29 > Chapter 5 - Mechanics' Liens

  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Circuit public defender: means the head of a public defender office providing indigent defense representation within a given judicial circuit of this State. See South Carolina Code 17-3-5
  • Circuit public defender office: means the office of one of the several circuit public defenders. See South Carolina Code 17-3-5
  • 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.
  • Commission: means the Commission on Indigent Defense. See South Carolina Code 17-3-5
  • 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.
  • 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.
  • Deadly weapon: means any pistol, dirk, slingshot, metal knuckles, razor, or other instrument which can be used to inflict deadly force. See South Carolina Code 16-25-10
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • 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.
  • Firearm: means a pistol, revolver, rifle, shotgun, machine gun, submachine gun, or an assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive but does not include an antique firearm as defined in 18 U. See South Carolina Code 16-25-10
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Great bodily injury: means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ. See South Carolina Code 16-25-10
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Household member: means :

    (a) a spouse;

    (b) a former spouse;

    (c) persons who have a child in common; or

    (d) a male and female who are cohabiting or formerly have cohabited. See South Carolina Code 16-25-10
  • 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.
  • 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.
  • Moderate bodily injury: means physical injury that involves prolonged loss of consciousness or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia or injury that results in a fracture or dislocation. See South Carolina Code 16-25-10
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protection order: means any order of protection, restraining order, condition of bond, or any other similar order issued in this State or another state or foreign jurisdiction for the purpose of protecting a household member. See South Carolina Code 16-25-10
  • Public defender: means an attorney who is employed in a circuit public defender office or who represents an indigent person pursuant to a contractual arrangement with a circuit public defender office. See South Carolina Code 17-3-5
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • weapon: means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death. See South Carolina Code 16-23-405