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Abba Equipment Inc. v. Thomason

5/3/1999

cognize the majority's concern that it seems anomalous for the legislature to endow foreign judgment creditors with a potentially greater period to enforce their judgments in South Carolina than that afforded domestic creditors. I would note, though, that the actual enforcement period would be the same once the foreign judgments were registered in this state. See S.C. Code Ann. ยง 15-39-30. The real distinction is the potentially greater period that foreign judgment creditors would have to register their judgments in South Carolina under the UEFJA rather than under the common-law procedure. In my view, our state's law should keep pace with developing policy considerations such as those behind the UEFJA. As reflected in the Full Faith and Credit Clause of the Constitution, courts of one state must give such force and effect to a judgment of a sister state as that judgment would have in the sister state. See NationsBank of N.C. v. Parson, 324 S.C. 506, 512, 477 S.E.2d 735, 738 (Ct. App. 1996). The validity and effect of a foreign judgment must be determined by the laws of the state that rendered the judgment, not by the laws of this state. Id.; PYA/Monarch, Inc. v. Sowell's Meats & Servs., Inc., 327 S.C. 469, 478, 486 S.E.2d 766, 771 (Ct. App. 1997).


Accordingly, I would reverse.






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