South Carolina General Assembly
117th Session, 2007-2008

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S. 852

STATUS INFORMATION

General Bill
Sponsors: Senators Knotts, McConnell, Scott, Peeler, Bryant, Grooms, Malloy, Alexander, Ford, Fair, Williams, Leatherman, Ritchie, Short, Martin, Cleary, Patterson, Elliott, Vaughn, Drummond, Setzler, Land, Sheheen, Leventis, Matthews, O'Dell, Moore, Lourie, Verdin, Reese, Ryberg, Thomas, Hayes, Jackson, Anderson, Courson, Hawkins and Rankin
Document Path: l:\council\bills\nbd\11810ab07.doc

Introduced in the Senate on June 21, 2007
Currently residing in the Senate Committee on Judiciary

Summary: Military service or National Guard

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   6/21/2007  Senate  Introduced and read first time SJ-3
   6/21/2007  Senate  Referred to Committee on Judiciary SJ-3
   1/15/2008  Senate  Referred to Subcommittee: Martin (ch), Ford, Ritchie, 
                        Knotts, Cleary

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

6/21/2007

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-35-410 SO AS TO PROVIDE A JUDGMENT BY DEFAULT IN A CIVIL ACTION MAY NOT BE ENTERED AGAINST A PERSON IN ACTIVE MILITARY SERVICE OF THE UNITED STATES OR THE SOUTH CAROLINA NATIONAL GUARD IF THE PERSON HAS NOT MADE AN APPEARANCE IN A COURT IN WHICH THE ACTION IS PENDING DUE TO THE FULFILLMENT OF HIS MILITARY OBLIGATION, AND TO PROVIDE EXCEPTIONS FOR COMPLIANCE WITH CERTAIN FEDERAL LAW AND FOR THE ENFORCEMENT OF CHILD SUPPORT AND SPOUSAL SUPPORT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 3, Chapter 35, Title 15 is amended by adding:

"Section 15-35-410.    Notwithstanding another provision of law, a judgment by default in a civil action may not be entered against a person in active military service of the United States or the South Carolina National Guard if the person has not made an appearance in a court in which the action is pending due to the fulfillment of his military obligation, unless:

(1)    full compliance has been made with the provisions of the Servicemembers Civil Relief Act, 50 U.S.C. Section 521; or

(2)    the action relates to the enforcement of an order for child support or spousal support."

SECTION    2.    This act takes effect upon approval by the Governor.

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