Sheriff's Office

Civil Process #civil_process

Sheriffs in South Carolina have two important functions concerning the administration of justice: enforcing both criminal laws and civil laws. Criminal law enforcement is more easily recognized by the public. But enforcement of civil law is also their responsibility. This enforcement is specified both in statutory law and in "Common Law", which are decisions handed down by the courts.

The primary purpose of the service of process is to give a defendant notice that a legal proceeding has been instituted against them and to afford them the opportunity to defend against it. The process advises the defendant of the nature of the action brought against them and also vests jurisdiction in the court that issued the process. Process is the means by which a court obtains jurisdiction in a cause to settle controversies involved therein and to enforce its orders against parties involved. The sheriff is mandated by South Carolina law to serve the process of the court:

What to expect when you provide the Sheriff's Office with a Judgement/Execution

• Twenty five dollar ($25) non-refundable filing fee.
• The completion of an Assume Cost form.
• Judgments / Executions are worked in the order they are received by the Sheriff's Office.
• A courtesy letter is mailed to the defendant recommending that our office be contacted within ten (10) days for instructions on satisfying the Judgment. The defendant is also advised that in accordance with South Carolina law, it is incumbent upon the Sheriff to seek payment in full. Failing to pay the Judgment may result in seizure of the defendant's property. Seized property is sold at public auction to satisfy the Judgment.
• A determination is made to see if the defendant has titled assets that are subject to levy.
• The property must be in the EXACT name of the defendant as it appears on the Judgment/Execution.
• Personal property must have adequate equity in order for it to be levied upon.
• The Plaintiff is responsible for all lawfully incurred expenses pertaining to the levy. This includes, but is not limited to, towing, storage and advertisement.
• The Plaintiff is required to place a deposit of $800 with the Sheriff's office prior to the seizure of automobiles, boats, etc. If multiple or large vehicles are being seized, this amount will be adjusted accordingly. The current deposit for real estate is $550. The Sheriff's Office must receive this deposit prior to the levy process. All costs incurred by the plaintiff is added to the collection of the case.
• Every effort is made by the Sheriff's Office to bring closure to cases within sixty (60) days. However, due to the volume of Judgments received by the Sheriff's Office, cases involving the levy of real estate or other unusual circumstances may not be concluded within sixty (60) days.