South Carolina Civil Court Records

South Carolina has two sorts of courts: Trial and Appellate Courts. Municipal, Magistrate, Probate, Family, and Circuit Courts make up the Trial Courts, while the state's Supreme Court and Court of Appeals make up the Appellate courts.

Circuit Courts have broad authority over most civil cases filed in this state, but they usually address problems outside the other courts' jurisdiction. Family Courts have exclusive control over juvenile and domestic relations cases, whereas Probate Courts handle probate cases.

The Magistrate and Municipal Courts are also part of South Carolina's court system. These courts have limited power over certain civil matters.

The highest court in South Carolina's Judicial Branch is the Supreme Court. This court has appellate authority over all pending civil proceedings in the state. On the other hand, the South Carolina Court of Appeals is an intermediate appellate court that confirms, rejects, or changes lower court decisions.

Can you acquire South Carolina Civil Court Records? According to Title 30, Chapter 3 of the South Carolina Code of Laws, you have the right to see and copy these records in this state.

The South Carolina Bankruptcy Records contain all of the records that are relevant to the filing of bankruptcy cases.

In this state, the U.S. Bankruptcy Court for the District of South Carolina stores records about the bankruptcy proceedings, the chapter it was for, and how the case turned out.

Depending on debt, income, and intended result, debtors can petition for different types of bankruptcy under the Bankruptcy Code. In South Carolina, however, the following are the most typical types of bankruptcy filings:

Chapter 11 Bankruptcy

This type of bankruptcy filing lets people keep their assets and sell or restructure their debts to pay back creditors within three to five years.

In South Carolina, you can start the bankruptcy process with either a voluntary or an involuntary petition. But remember that you must finish a credit counseling course at least six months before filing this bankruptcy petition.

South Carolina Chapter 11 Bankruptcy petitions stay on credit reports for ten years after filing.

Chapter 7 Bankruptcy

When a person files for bankruptcy in South Carolina, their assets are sold to pay creditors.

In this type of bankruptcy, the court chooses a trustee who sells all of the debtor's non-exempt assets to pay off their debts. Note, though, that a Chapter 7 bankruptcy does not permanently remove debts like:

• Student loans
• Alimony
• Child support

Only sole proprietors and individuals can apply for Chapter 7 bankruptcy in this state.

Filing this sort of bankruptcy in South Carolina begins with a credit counseling course at an authorized facility. In addition, people who want to file for this type of bankruptcy must also take the means test.

Chapter 13 Bankruptcy

With this kind of bankruptcy, debtors can keep their assets, stop foreclosure on their homes, and get rid of more debts.

This state requires debtors to have disposable income more significant than the median household income. They must also undergo a credit counseling course six months before filing and a debt management seminar.

In South Carolina, a Chapter 13 bankruptcy petition remains in public records and credit score reports for seven years following the filing date.

You might also find Chapter 12 bankruptcy in South Carolina Bankruptcy Records, along with Chapter 11, Chapter 7, and Chapter 13.

How To Find South Carolina Bankruptcy Records?

As stated previously, the Bankruptcy Court is responsible for maintaining bankruptcy records in South Carolina. Still, this state has implemented numerous procedures for examining, managing, and accessing these documents.

First, you can use the Archived Retrieval tool of the National Archives and Administration (NARA) to find a South Carolina Bankruptcy Record.

Additionally, you can register for Case Management/Electronic Case Files (CM/ECF) to access bankruptcy records in this state. This case management and electronic filing system lets you look at court files anytime.

Lastly, the Voice Case Information System (VCIS) is another way to access bankruptcy files in South Carolina. It is an automated voice response system that you can use to get information about bankruptcy over the phone.

Once you obtain a South Carolina Bankruptcy Record, it has the following:

• The debtor's name
• Date of filling
• Bankruptcy type
• Case status and decision
• List of property
• List of creditors

In South Carolina Civil Court Records, property liens are claims that creditors or lenders have on financed properties to ensure the payment of debt.

Once attached to real and personal property, this property lien gives a creditor the authority to hold a debtor's property until payment.

These are the most common kinds of South Carolina Property Lien Records:

Judgment Lien

In South Carolina, a judgment lien is one way to get money for a civil debt. In this state, judgment liens are court rulings determining civil case judgment creditors and debtors.

This property lien lets the creditor take or sell the debtor's property if the debtor doesn't pay.

If interested, you can file this lien by sending a transcript of the judgment to the Court Clerk of Common Pleas in the county where the property lies.

A judgment lien stays on a debtor's property for ten years in South Carolina.

Mortgage Lien

This property lien in South Carolina gives a lender the right to take a borrower's assets, usually a residence, if the borrower doesn't pay their debts.

In South Carolina, mortgages are not precisely typical loans. Instead, a lienholder holds property interest as protection if the borrower defaults on payment.

UCC Lien

A UCC lien is a financing declaration lenders in South Carolina file with the Secretary of State against a borrower's business.

In South Carolina, any legal body, including businesses and individuals, can file this property lien.

If you are interested in filing this property lien, the following forms may be necessary.

Apart from judgment, mortgage, and UCC liens, South Carolina Property Lien Records may include tax and mechanic liens.

How To Check South Carolina Property Lien Records?

In South Carolina, there is no charge associated with searching the property lien records.

You can obtain most lien records by visiting the offices of the relevant agencies. Most county offices even let you do this search remotely. Once you log in to one of the websites, you must input the relevant information into the search tool and see the results.

For tax lien records, you can also check the South Carolina Department of Revenue (SCDOR) website. Enter pertinent information into the search bar and view the results on this page.

A South Carolina Civil Driving Violation Record records any illegal conduct a motorist committed while operating a motor vehicle.

In this state, the South Carolina Department of Motor Vehicles (SCDMV) and state law enforcement agencies regulate the operation of motor vehicles within state borders.

The most common type of civil driving violation records in South Carolina are:

• Going through a stop sign
• Speeding
• Not using turn signals
• Texting behind the wheel

In South Carolina, these infractions are often minor violations punishable by a fine. The penalty, however, will depend on the seriousness of the infringement.

How To Look Up South Carolina Civil Driving Violation Records?

In South Carolina, you can find information about civil driving violations online or in person.

You can visit the SCDMV website and register for the MyDMV service to look up traffic violations online. With this service, you can look at your driving record, which includes any tickets you have gotten.

To look up any South Carolina Civil Driving Violation Records in person, request a copy of a driving record at the local SCDMV office.

The same rules apply regardless of whether you check up on a traffic infraction in person or online. You must give the name, birthdate, and driver's license number of the person who broke the traffic or civil law.

South Carolina Legal Judgment Records are legal papers that demonstrate the final decisions of court cases.

A South Carolina judgment is the final ruling a judge gives at the end of a case. It specifies in explicit official terms whether the defendant is guilty and the consequences for the accused individual.

Title 15, Chapter 35 of the South Carolina Code of Laws, describes the system for determining the outcome of each case in this state. In addition, these laws specify the procedures for enforcing legal judgments and canceling and dismissing them.

How To Look Up South Carolina Legal Judgment Records?

You can look for a South Carolina Legal Judgment Record in person at the courthouse of judgment filing or online utilizing the South Carolina record search tools.

To get these records personally, you must go to the Office of the Clerk in the county where the case occurred. For electronic viewing, use the state court's online public search index or online search opinion portal.

When you get these records, you can anticipate the following information:

• Names of the parties
• The judge's name
• Judgment date
• The court's decision
• The specific claims made by each party
• The court's procedures in detail
• Case dockets
• Evidence

Small Claims Records are one of the prevalent documents in the South Carolina Civil Court Records. These papers have all the information that the working court gathers from small claims cases.

Small Claims Courts of the South Carolina Magistrate Courts have authority over some civil procedures. It covers litigation involving private persons or businesses who think they were injured or damaged by another entity.

Compared to other courts in this state, this court's method is more straightforward and inexpensive. According to the court's guidelines, claimants do not need an attorney. However, you cannot sue for damages exceeding $7,500.

To file for a small claims case, you must go to the Magistrate Court where the person lives or where the dispute happened.

You must also obtain and file the complaint and summons forms at the proper court. Once you've filled out these forms, you must file them with the clerk and pay a fee.

Following the filing, all material created during the small claims procedure will be part of the South Carolina Small Claims Records.

How To Look Up South Carolina Small Claims Records?

You can visit the clerk custodian of the court that handled your case to look up and get South Carolina Small Claims Records. It is often in the Magistrate Courts, but you can find some claims at the District Court clerk custodians.

In addition to attending the court of jurisdiction, you can also write an email request to access these papers. The clerk may require case information and a search charge on appeal before releasing such documents.

In South Carolina, divorce court records are the formal records created when lawfully married individuals separate in the state's courts.

To petition for divorce in this state, you must have lived in South Carolina for at least one year before filing and have legal grounds.

You can visit this website to learn more about divorce grounds in South Carolina. The South Carolina Judicial Department also provides forms for self-represented divorces when filing for divorce in this state.

South Carolina Divorce Court Records serve several functions and are available in the following three formats:

Divorce Certificate

In South Carolina, the most often asked divorce court record is the divorce certificate. It is an official and vital document demonstrating the marriage's dissolution.

In South Carolina, the following information is on a divorce certificate:

• Names of the people who got divorced
• Divorce date
• The judge who heard the case

In this state, divorced people need these certificates when they want to change their names after their marriage or get a new marriage license.

Divorce Decree

This kind of divorce court record shows the final decision in a divorce case and any agreements between the two who are no longer married.

It contains the same information as a divorce certificate but with terms on the following issues:

• Distribution of assets
• Child assistance
• Debt allocation
• Child custody
• Alimony

The divorced parties, their attorneys, and individuals with applicable court orders can obtain copies of divorce decrees in South Carolina.

Divorce Records

This divorce court record includes all court documents made during a divorce trial. It has all of the same information as the divorce certificate and decree, plus:

• Motions
• Summons
• Transcript
• Notices
• Affidavits
• Orders
• Oral arguments

South Carolina divorce records are more open to the public than divorce certificates and decrees.

How To Look Up South Carolina Divorce Court Records?

To search for and get divorce court records in this state, contact the South Carolina Family Courts and speak with the Clerks of Court, who are responsible for releasing and disseminating these documents.

You can ask for these records in person or by mail. When you go to the office of interest or send a request by mail, you must give the information needed to find and get the required record.

However, you must present your government-issued picture Identification if you want sealed or certified copies.

You can look at the Family Court Directory page on the state judicial branch website to find the proper court. This page has information about each court clerk's physical and mailing addresses, email accounts, and phone numbers.

South Carolina Probate Court Records describe the estate settlement process in the state. This state's probate procedure takes multiple stages to carry out the decedent's wishes and transfer property to the appointed heirs.

In South Carolina, probate applies to the following assets:

• The deceased's tenant-in-common property
• The individual's stake in a corporation or partnership
• The deceased's only property

Nonetheless, South Carolina probate is not always necessary. The following are examples of assets that are not subject to probate:

• Joint assets that are due or transferable upon death
• Assets in trust
• Assets with beneficiaries
• Assets in a pension plan
• Pensions with beneficiaries
• Insurance with a beneficiary
• Jointly owned property

You can hire a probate lawyer or arrange an appointment with the Probate Court clerk in the county where the decedent lived to commence the probate procedure in South Carolina.

You must also supply the actual will, the death certificate, and the contact details of all blood relatives and other heirs.

Read Title 62 Articles 1-8 of the South Carolina Probate Code to learn more about the probate procedure in the state.

How To Look Up South Carolina Probate Court Records?

The county's judge of probate office has South Carolina Probate Court Records for the county and circuit court districts.

Also, the South Carolina Department of Archives and History contains typescripts or microfilms of these records for many counties. Here, you can find wills, bills of sale, inventories, powers of attorney, administrations, bonds, sales records, judgments, and notes.

Lastly, you can use this tool to look up probate court records in South Carolina.

Finding the proper court is the first step in getting South Carolina Civil Court Records.

In this state, you have to give some information about the case before you can look at these records. This information is necessary to help the person in charge quickly retrieve these records.

Additionally, you must provide a valid government-issued photo ID and pay any relevant costs before getting copies of these documents. Note that the prices for court records vary from county to county.

You can also use the Case Search and Search Opinions portals of the state's judicial branch to find these records. On these portals, you can look for someone by name or by case number.