I won a case in the small claim court. The defendent has to pay me $3900. He is not willing to pay these money voluntory. I filled executio...

Question

I won a case in the small claim court. The defendent has to pay me $3900. He is not willing to pay these money voluntory. I filled execution against property in the sheriffs department . After a month I received a letter that they are not able to locate any property of this person. In the mail is written that they are restricted to reserch and execute against titled property only such as boats, motors or mobile home. Is there any option these money to be stopped from defendants bank account(s) or from his paychecks if he is employed. Most of the people never buy boats or motors, but they have money in the bank. I believe the defendant purposefully shouldnt buy a car or motor on his name now and If the sheriffs department is restricted to execute against titled property only, then the judjement I have will be worthless. Is there another place I could go to file the judjement I have for collection purposes?

Answer

There really is not much you can do. It is your burden now to find any assets that the defendant has and then your burden to prove that he has them. The law in, South Carolina does not permit the garnishment of wages or seizure of bank accounts. You have a lien on any real property that the defendant has in the county where the judgement is filed but you wilk have to wait until the property is sold to collect.