How long could a South Carolina criminal judgment be enforced after the defendant died?

Plain-English summary

A South Carolina senator asked how long a judgment arising from a criminal case could be enforced against a deceased person’s estate and whether it could be placed again after its term expired. The March 2002 AG opinion assumed the judgment was entered under § 17-25-323 or § 17-25-325. Under that assumption, the AG said it operated like a civil judgment and remained viable for ten years from filing in the court’s civil judgment records. After expiration, the judgment could not be renewed or executed on.

The letter made a separate point about the underlying obligation. Expiration of the judgment did not necessarily erase fines, fees, surcharges or restitution. It cited earlier office advice finding no time limit on collection of certain amounts imposed by the Court of General Sessions. The AG did not say the expired judgment itself could simply be reentered for a second ten-year period.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Judgment creditors and victims

The opinion treated the specified criminal-case judgments as civil judgments for enforcement. It stated a ten-year judgment life and no renewal, while distinguishing the continued existence of the underlying debt.

Estates and debtors

The AG said an expired judgment could no longer support execution. He did not equate that limit with forgiveness of the underlying criminal-case financial obligation.

Common questions

When did the ten-year period begin?
A: The AG measured it from the date the clerk filed the judgment in the civil judgment records.

Could the expired judgment be renewed?
A: The opinion said the statutory limit was absolute and the judgment could not be renewed.

Did expiration erase restitution or fines?
A: Not necessarily. The letter separated the judgment from the underlying debt.

Background and statutory framework

The letter assumed judgments under § 17-25-323 or § 17-25-325 and read them with § 15-39-30, the ten-year execution rule. It relied on LaRosa v. Johnston for the proposition that a judgment was extinguished after ten years and could not be renewed, then explained why the underlying debt might remain.

Citations and references

• § 17-25-323 and § 17-25-325: criminal-case judgments treated as civil judgments for enforcement.
• § 15-39-30: ten-year execution period cited by the AG.
• LaRosa v. Johnston: decision cited for expiration and nonrenewal of judgments.

Official title

Regarding statute of limitations. Specifically, when a judgment is placed on a person’s estate as a result of a criminal action prior to his death, what is the statute of limitations on that judgment? Also, once that statute of limitations has run its course, can the same entity place the judgment against the entity a second time?

Requester

The Honorable Yancey McGill, Senator, District No. 32

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-14-2002/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/04/02march14mcgill.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON

March 14, 2002

ATTORNEY GENERAL

I

The Honorable Yancey McGill
Senator, District No. 32
P.O. Box 142
Columbia, South Carolina 29202

Re:

Your Letter of February 12, 2002

Dear Senator McGill:
In your above-referenced· letter, you ask for an opinion from this Office on the following questions:

When a judgment is placed on a person's estate as a result of a criminal action prior to his death, what is the statute of limitations on that judgment. Secondly, once that statute of limitations has run its course, can the same entity place the judgment against the entity a second time? For purposes of this opinion, it is assumed that the judgment has been entered pursuant to S.C. Code Ann. § 17-25-323 or§ 17-25-325 following a criminal conviction.

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Section 17-25-325 provides that the judgment in a criminal case" ... may be enforced in the same manner by execution against the property of the defendant as is provided by law for enforcing the judgments of the courts of common pleas in civil actions." Section 17-25-323 involves the entry of a judgment in favor of the State for any unpaid balance of fines , costs, fees, surcharges, or assessments imposed and/or judgment in favor of a victim for the unpaid balance if any restitution ordered. Section 17-25-323(D) provides that "[a]judgment issued pursuant to[§ 17-25-323] has the force and effect of a final judgment and may be enforced by the judgment creditor in the same manner as any other civil judgment with enforcement to take place in court of common pleas." In essence, judgments entered pursuant to these Sections of the Code are the equivalent of any other civil judgment entered in favor of a judgment creditor against a judgment debtor. The law regarding the duration of judgments is found in S.C. Code Ann. § 15-39-30 which states:

The Honorable Yancey McGill
Page 2
March 14, 2002

Executions may issue upon final judgments or decrees at any time within ten years from the date of the original entry thereof and shall have active energy during such period, without any renewal or renewals thereof, and this whether any return may or may not have been made during such period on such executions.

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In LaRosa v. Johnston, 328 S.C. 293, 493 S.E.2d I 00 (SC App. 1997), our Court of Appeals noted that "South Carolina courts have consistently held that a judgment is utterly extinguished ten years from the date of entry (citations omitted)." Accordingly, it would appear that a judgment entered pursuant to either Section 17-25-325 or 17-25-323 would remain viable for ten years from the date the Clerk of Court files the judgment in the civil judgment records of the court. The LaRosa Court also noted that "Section 15-39-30 is an absolute statutory limitation onjudgments, which cannot be renewed." Therefore, once a judgment expires, an execution thereupon cannot take place. Id. The expiration ofthe judgment, however, does not necessarily extinguish the underlying debt upon which the judgment is based. When, as part of a criminal conviction, the defendant is ordered to pay fines, costs, fees, surcharges, or assessments to the State or county, or restitution to a victim, the State, county and/or victim becomes a creditor of the defendant. In a prior opinion, this Office determined that no time limit exists on the collection of fines, fees and restitution imposed by the Court of General Sessions. See OP. ATTY. GEN. (Dated January 18, 1994). Given this determination, this Office has also stated that "all possibilities should be explored and perseverance maintained" in attempting to collect such debts. See OP. ATTY. GEN. (Dated April 21, 1995). This letter is an informal opinion only. It has been written by a designated Assistant Attorney General and represents the position of the undersigned attorney as to the specific question asked. It has not, however, been personally scrutinized by the Attorney General and not officially published in the manner of a formal opinion.

David K. Avantl
Assistant Attorney General
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