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Rule 69.Execution

Group VIII: Provisional and Final Remedies and Special Proceedings · Not amended since adoption on record · Last verified July 13, 2026

In one sentenceRule 69 makes a writ of execution the standard tool for collecting a money judgment, defers to existing statutes for the mechanics of execution and supplementary proceedings, and lets a judgment creditor use the discovery rules to examine anyone, including the debtor, about assets available to satisfy the judgment.

Full Text of Rule 69

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Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be as provided by law. In the aid of the judgment or execution, the judgment creditor or his successor in interest when that interest appears of record, may examine any person, including the judgment debtor, in the manner provided in these rules for obtaining discovery.

Notes

Note: This Rule 69 is substantially the Federal Rule, omitting references to Federal statutes. It preserves by reference present State practice under S.C. Code Sections 15-39-10 through 15-39-150, and also brings to the assistance of the judgment creditor the right to obtain discovery under Rules 26 through 37.

Plain-English Summary

Winning a money judgment is only half the job; collecting on it is the other half. Rule 69 supplies the default mechanism: a writ of execution, unless the court orders a different approach. It then points collection procedure, supplementary proceedings, and execution-related practice back to the existing statutory framework rather than trying to rebuild that machinery inside the civil rules.

What the rule adds is a discovery bridge. A judgment creditor, or a successor who has formally taken over that interest, can use the ordinary discovery tools, depositions, interrogatories, and the like, to find out what the debtor owns and where it is. That examination is not limited to the debtor personally; anyone who might know where assets are hidden or held can be questioned the same way parties are questioned before trial.

The practical effect is that a creditor is not stuck guessing at a debtor's bank accounts or property. The same subpoena power and examination procedure that built the case can be redeployed after judgment to hunt down assets, which is often the harder and more contentious phase of collecting what a court has already awarded.

Frequently Asked Questions

What is the default method for collecting a money judgment under Rule 69?

A writ of execution, unless the court directs some other procedure for the particular case.

Can a judgment creditor question people other than the debtor about assets?

Yes. Rule 69 allows the judgment creditor, or a successor in interest of record, to examine any person, not only the judgment debtor, using the discovery methods available under these rules.

Does Rule 69 spell out the exact steps for execution and supplementary proceedings?

No. The rule states that procedure on execution and in proceedings supplementary to and in aid of a judgment is governed by existing law rather than by detailed steps written into the rule itself.

Who can invoke the discovery tools under Rule 69, only the original plaintiff?

The judgment creditor or, once the interest appears of record, a successor in interest, may use these discovery procedures to aid the judgment or execution.

Source & verification. Rule text, official Notes, and amendment history are reproduced verbatim from the South Carolina Rules of Civil Procedure, adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. · Official source
Also known as: writ of executionenforcing a judgment scpost judgment discoverysupplementary proceedingscollecting a money judgment