General Information: When a writ of execution has been returned unsatisfied or “Nulla Bona” the judgment creditor may apply to the court for “Supplemental Proceedings or Proceedings Supplementary.”  S.C. Code §15-39-310 et. seq. and Rule 69, SCRCP govern Supplementary Proceedings.  Such proceedings aid the judgment creditor in collecting on the debt/judgment of the debtor by requiring the debtor to disclose, under oath, information about their bank accounts, real property, personal property, retirement accounts, etc.  Supplementary Proceedings are initiated in the MIE’s Office by an Order of Reference.

Supplemental Proceedings Orders of Reference: To initiate a Supplemental Proceeding with the MIE Office, judgment creditor’s counsel shall: 

1. Once the Summons and Petition for Supplemental Proceedings has been filed, the Law Firm will E-file an Order of Reference (“OOR”) to be signed by a Circuit Court Judge. [It is recommended that on the same day the proposed OOR is filed, counsel for the judgment creditor should consider mailing in the hearing fee of twenty five dollars $25.00 to the MIE Office with a copy of the filing NEF and a contact name and email address for the Law Firm.]
2. Once the Circuit Court Judge signs the OOR, the OOR will be posted in the e-filing system along with the NEF and thereafter it will be added to the CMS MIE system pending review and acceptance by the MIE. When the MIE Office receives the hearing fee, the MIE Office will accept the referral and notify the Law Firm that the matter is ready to be scheduled.  The Law Firm may contact the Judge’s Judicial Assistant, Heather McLeod at hmcleod@bcgov.net or (843) 255-5710, to arrange a date and time for the hearing.  [Wait three (3) to five (5) days after the OOR has been filed in the system to request your hearing date.  It takes some time for the OOR to get to the MIE system in CMS and for the reference check to reach the MIE Office.]
3. When the matter is scheduled for hearing, the Law Firm can upload the proposed RTSC Order with the date and time inserted for Judge Wegmann’s review and signature. Please be cognizant of service requirements and plan accordingly when selecting a date and time for the hearing.  [In the alternative, it is acceptable to the Court if the proposed RTSC Order does not contain a specific date and time for the hearing if the Law Firm prefers to serve the RTSC Order and receive and review the documents, etc. prior to scheduling the hearing.]

This is a distinct two-step process of filing the OOR for Circuit Court signature and thereafter, filing the RTSC Order for Judge Wegmann’s signature. The Order of Reference and RTSC Order must be separate filings and not combined into one order/filing.