South Carolina Default Judgment Vacatur Rules
South Carolina generally follows the federal 1-year framework for vacating default judgments under S.C. R. Civ. P. 55(c), 60(b). After the 1-year window, limited relief remains for void judgments, jurisdictional defects, or fraud.
| Rule | South Carolina Standard |
|---|---|
| Primary rule citation | S.C. R. Civ. P. 55(c), 60(b) |
| Answer deadline (from service) | 30 days |
| Window to vacate (ordinary) | 1 year (60(b)(1-3)) |
| Window for void judgment | reasonable time (void) |
South Carolina applies Goodson v. American Bankers five-factor test.
How South Carolina Courts Evaluate Your Motion
Show promptness + good reason + no prejudice + meritorious defense + no contumacious conduct.
The universal thread across most South Carolina cases: you must show both a procedural excuse (why you did not answer) and a meritorious defense (why you should have won). One without the other rarely succeeds.
- Excusable neglect. Genuine accident, illness, or service failure -- not mere forgetfulness or choice to ignore.
- Meritorious defense. SOL, lack of contract, wrong defendant, paid debt, or FDCPA violation. See the full list.
- Prompt motion. South Carolina courts penalize delay. File immediately after learning of the judgment.
- No prejudice to plaintiff. The longer you wait, the more the plaintiff has relied on the judgment.
Debt Collector Failure to Appear -- South Carolina Rules
If the collector or plaintiff fails to appear at a required hearing in South Carolina, you can often move for dismissal with prejudice. The cure rules flip in this scenario:
- Status hearing no-show. Most South Carolina courts enter a dismissal for lack of prosecution after one or two missed appearances.
- Garnishment hearing no-show. The writ is quashed and any withheld wages may be ordered returned.
- Evidence hearing no-show. If the collector cannot produce a live witness with personal knowledge of the account, the court may sua sponte dismiss.
Many junk-debt buyers lose on failure-to-appear alone because they cannot produce a live witness with knowledge of the original account. Always demand a live witness and attend every hearing.
Improper Service in South Carolina -- The Strongest Ground
Service defects are the most common -- and strongest -- ground to vacate in South Carolina. When service was never properly made, the default judgment is void (not merely voidable), which means it can be attacked at any time under most state rules, not just within the ordinary vacatur window.
Common service defects in South Carolina:
- "Sewer service" -- process server lies about delivery and you never receive the summons.
- Service on wrong address after you moved.
- Substitute service on someone not authorized to accept (e.g., minor child, ex-spouse, neighbor).
- Publication service without exhausting personal-service attempts.
- Service on a co-defendant rather than you directly.
See improper-service defense deep dive for the affidavit template and evidentiary burden.
South Carolina Federal Bankruptcy Data
When a default judgment cannot be vacated, bankruptcy's automatic stay freezes collection and discharges the underlying debt. These FJC numbers show how South Carolina debtors use the bankruptcy remedy.
Numbers below come from the Federal Judicial Center Integrated Database covering 635 consumer bankruptcy cases from South Carolina's federal bankruptcy courts.
| Chapter | Cases Filed | Discharge Rate | Dismissal Rate |
|---|---|---|---|
| Chapter 7 | 301 | n/a | n/a |
| Chapter 13 | 334 | n/a | n/a |
Rates computed on resolved cases only. Source: FJC Integrated Database.
Extrinsic vs Intrinsic Fraud in South Carolina
South Carolina distinguishes extrinsic fraud (cognizable as void-judgment attack, no time limit in most states) from intrinsic fraud (subject to the ordinary vacatur window).
- Extrinsic fraud - fraud on the court that prevented you from presenting your defense. Example: the plaintiff lied about your address to prevent service.
- Intrinsic fraud - fraud in the evidence or pleadings presented. Example: the plaintiff attached a forged contract. Subject to the 1 year (60(b)(1-3)) window in South Carolina.
Extrinsic fraud is the stronger path in South Carolina because it is generally not subject to the ordinary time bar.
When Bankruptcy Resolves the Underlying Debt
If you cannot vacate the default judgment in South Carolina, bankruptcy often remains viable:
- Chapter 7 discharges the underlying debt, making the judgment unenforceable as to you personally.
- Chapter 13 treats the judgment as a general unsecured claim paid pro rata through the plan.
- Judgment lien avoidance under 11 U.S.C. Section 522(f) strips judgment liens that impair your homestead exemption.
Check 1328(f) refiling screener and the South Carolina means test to see if you qualify.