Rule 69.Execution
Group VIII: Provisional and Final Remedies and Special Proceedings · Not amended since adoption on record · Last verified July 13, 2026
Full Text of Rule 69
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.