JUDICIAL SERVICES

Captain James Gethers
Administrative Lieutenant Abraham Richardson
Administrative Specialist Yolanda Simmons

• Civil Process Judgments&347;Executions
• Court Security
• Transportation

For more information concerning the Judicial Service Division or any of it's specialized units, please feel free to call (843) 719-4706.

Civil Process
Judgments / Executions
Lieutenant D. Freeman

Civil
Sheriff's in South Carolina serve dual functions that date as far back as the Eighth Century A.D. in England: enforcing both criminal laws and civil laws. The more obvious function is that of enforcement of criminal laws, with least notoriety is that of enforcement of civil laws. The relationship between the Sheriff and the court has always been close.

The main function of the civil process office is to serve a defendant with court documents that has been instituted against them, which in return, affords them the opportunity to defend themselves in the court of law.

The Civil Process office consists of a Lt., five deputies, and two office staff. They work together to process and serve thousands of papers each year. If you have any questions in reference to civil process, general information can be found below. If this does not answer your question, feel free to contact our office at one of the below numbers.

Office Hours:
9:00 am to 5:00 pm
Monday thru Friday

Address:
223 North Live Oak Drive
Moncks Corner, SC 29461

Mailing Address:
P.O. Box 6122
Moncks Corner, SC 29461

Phone:
843-719-4417-Moncks Corner Line
843-723-3800 ext. 4417-Chas. Line
843-567-3136-St. Stephen Line
843-719-4416-Fax Line

Fees for Service of Civil Process
Subpoena -$10.00 for initial service, plus $5.00 for each additional attempted service thereafter with a possible maximum fee of $20.00
Summons & Complaints - $15.00 for initial service, plus $5.00 for each additional attempted service thereafter, with a possible maximum fee of $25.00
Notices - $15.00
Mechanic’s Lien - $15.00
Claim & Delivery - $25.00*
Writ of Assistance - $25.00*
Writ of Ejectment - $25.00*
*Plaintiff is responsible for any additional costs incurred and must complete an Assume Cost Form.

Judgments/Executions

The Execution of Judgments is a part of the Civil Process unit that carries out the final orders of the Court. This unit is responsible for the levies and sales of real estate and personal property to bring satisfaction and/or settlement to Judgments and to follow up on cases that were previously unable to be satisfied. The Sheriff’s Office works Judgments in the order in which they are received and makes every effort to bring closure to cases within sixty (60) days. However, due to the volume of Judgments received by the Sheriff’s Office, cases involving the levy or real estate or other unusual circumstances may not be concluded within sixty (60) days.

You are welcome to contact our office during regular business hours at (843) 723-3800 extensions 4499 or 4469 or by email dfreeman@BerkeleyCountySC.gov

Frequently Asked Questions

How do I obtain a Judgment against someone?

1. Prior to filing, have the full legal name, physical address (no PO Box numbers) and phone number of the persona you are filing against (Defendant). If the Defendant is a corporation, you must have the name of the Registered Agent. This information can be obtained at www.scsos.com
2. Verify the Defendant resides in Berkeley County, as you must file in the county where the Defendant resides. To verify the address is in Berkeley County, please call the Berkeley County Mapping Department at (843) 723-3800 extension 4113 or (843) 719-4413.
3. You can file for a Small Claims Court hearing if the amount is under $7,500 by contacting:
   
   Judge Ellen L. Karesh
   303-B North Goose Creek Blvd.
   Goose Creek, SC 29445
   (843) 553-6099
   Hanahan, Goose Creek, Ladson, Summerville
   (all areas in the north end of county)
   
   TBA
   223 North Live Oak Drive.
   Moncks Corner, SC 29461
   (843) 719-4264
   Moncks Corner, St. Stephen, Bonneau, Jamestown, Cross, Pringletown, Macedonia, Alvin (all areas in the south end of the county)
   
   An eighty-dollar ($80) non-refundable filing fee is collected for Small Claims Court. If you would like the Defendant served by certified mail, an additional five dollars ($5) will be collected.
4. If the amount is over $7,500, you can file for a Common Pleas hearing through the Clerk of Court’s Office. You many contact that office at:
   
   Mary P. Brown
   Clerk of Court of Common Pleas, Family Court, General sessions
   300-B California Ave.
   Moncks Corner, SC 29461
   (843) 723-3800 extension 4400 or 4500
   
   A one hundred fifty dollar ($150) nonrefundable filing fee is collected for Court of Common Pleas hearings.

I have been awarded a Judgment, now what do I do?

1. Immediately file the Judgment with the Berkeley County Clerk of Court. A Ten ($10) non-refundable filing fee must be included with the Judgment.
2. File the Execution with our office. A Twenty-Five dollar ($25) non-refundable filing fee must be included with the Execution issued by the Clerk of Court.
3. The Execution must contain the proper signature, have been file with the Berkeley County Clerk of Court and bear the Clerk of Court’s stamp.
4. Include the Assumed Cost Form. The plaintiff is responsible for all lawfully incurred expenses pertaining to the levy. When property is located with adequate equity, the Plaintiff is required to place a deposit of $500 with the Sheriff’s Office prior to the seizure of real estate or personal property. This deposit includes, but is not limited to the cost of towing, storage and advertising. All costs incurred by the plaintiff are added to the collection of the case.
5. If the Defendant has no property levy and sell to satisfy your Judgment, the Execution will be returned stamped NULLA BONA (no goods). Judgments are good for ten (10) years and can be resubmitted at any time during the life of the Judgment for execution.

The Defendant has property in another county or another state. How do I file the Execution in that county or state?

1. You must file the Execution in the Clerk of Court’s Office in the county where you are attempting to execute the case. Contact that office for their mailing and physical address and additional instructions.
2. You must file the Execution with the Sheriff’s Office for the county. You will need top contact that agency for their mailing address and any other information they may require.

Do I receive interest on the amount of the Judgment awarded?

1. Interest is calculated from the date the Judgment was awarded.
2. Interest on Judgments awarded on or after July 15, 2005 is compounded annually.
3. Interest rates are changed yearly on January 15th are prime plus 4% as announced by the Chief Justice.
4. The current interest rate for January 15, 2013 thru January 14, 2014 is 7.25%

How do I check the status of an Execution file with the Sheriff’s Office or ask additional questions not listed here?

You are welcome to contact our office during regular business hours at (843) 723-3800 extensions 4499 or 4469 or by email dfreeman@BerkeleyCountySC.gov

Court Security
Lieutenant B. Currie

The Berkeley County Sheriff’s Office is committed to maintaining the appropriate level of security in the courts to protect the integrity of procedures, ensure the physical security of court facilities, and protect the judge, jury, all participants in court proceedings, Berkeley County employees and the general public.

To ensure safety, security checks are performed on all persons entering the courthouse. Deputies are assigned to General Sessions Court located at 300 California Ave. and the Magistrate Court located at 223 North Live Oak Drive.

Transportation
Lieutenant Jacqueline Simmons

The Transportation Division is responsible for receiving and transporting therapeutic patients, juveniles and inmates. As ordered by the Probate Judge, the unit transports involuntary committed patients to designated facilities throughout the state from mental health clinics and hospitals for evaluation by a physician. The unit is responsible for transporting detained juveniles to juvenile detention facilities and scheduled court dates. The transport division is also responsible for transporting inmates from local/or state agencies and detention centers for scheduled court appearances.