South Carolina Statutes
§ 37-5-115 — Stay of enforcement of or relief from default judgment.
Except as otherwise set forth in this section, at any time after entry of a default judgment in favor of a creditor and against a consumer in an action arising from a consumer credit transaction, the court which rendered judgment, for cause including lack of jurisdiction to render the judgment, and upon motion of a party or its own motion, with notice as the court may direct, may stay enforcement of or relieve the consumer from the judgment by order upon just and equitable conditions; provided, however, that whenever the motion is based on the mistake, inadvertence, surprise or excusable neglect of the consumer, the motion must be filed within one year after the date the judgment is entered in the abstract of judgments pursuant to Section 15-35-520.
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South Carolina § 37-5-115 (Stay of enforcement of or relief from default judgment.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
HISTORY: 1982 Act No. 385, SECTION 46.
Nearby Sections
15
§ 37-5-101
Short title.§ 37-5-102
Scope.§ 37-5-104
No garnishment.§ 37-5-107
Extortionate extensions of credit.§ 37-5-109
Default.§ 37-5-110
Notice of consumer's right to cure.§ 37-5-111
Cure of default.