Law Firm of Paul L. Erickson, P.A. v. Boykin, 383 S.C. 497

Summary

The Supreme Court of South Carolina held that a foreign judgment is constitutionally presumed valid and that the debtor challenging personal jurisdiction bears the burden of overcoming that presumption. The court held that the final sentence of S.C. Code § 15-35-940(B), which placed the burden on the creditor to prove entitlement to full faith and credit, violated the federal Constitution and was severable. The court reversed the Court of Appeals and overruled The Jay Group, Ltd. v. The Bootery of Haywood Mall, Inc. to the extent it conflicted with this ruling.

Holdings

1. A foreign judgment that appears on its face to be a record of a court of general jurisdiction is entitled to a constitutionally mandated presumption of regularity, and the judgment debtor challenging personal jurisdiction bears the burden of overcoming that presumption by the record or extrinsic evidence.
2. The last sentence of S.C. Code Ann. § 15-35-940(B), which places on the judgment creditor the burden of proving that a foreign judgment is entitled to full faith and credit, violates the federal Constitution.
3. The unconstitutional last sentence of § 15-35-940(B) is severable, leaving the remainder of the statute operative.

Questions Presented

1. Whether the filing of a motion for relief or notice of defense under S.C. Code Ann. § 15-35-940 shifts to the judgment creditor the burden of proving that a foreign judgment is entitled to full faith and credit.
2. Whether the final sentence of S.C. Code Ann. § 15-35-940(B), which places that burden on the judgment creditor, is constitutional and severable from the remainder of the statute.

Disposition

reversed