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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 15-39-320: Arrest in lieu of discovery order.

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Where this section sits in the code
  1. Title 15 - CIVIL REMEDIES AND PROCEDURES
  2. CHAPTER 39 Executions and Judicial Sales Generally
  3. ARTICLE 3 Discovery; Arrest; Garnishment; Receivers and the Like

Instead of the order requiring the attendance of the judgment debtor the judge may, upon proof by affidavit or otherwise to his satisfaction that there is danger of the debtor's leaving the State or concealing himself and that there is reason to believe that he has property which he unjustly refuses to apply to such judgment, issue a warrant requiring the sheriff of any county in which such debtor may be to arrest him and bring him before such judge. Upon being brought before the judge he may be examined on oath and if it then appears that there is danger of the debtor's leaving the State and that he has property which he has unjustly refused to apply to such judgment, he may be ordered to enter into an undertaking, with one or more sureties, that he will from time to time attend before the judge as he shall direct and that he will not during the pendency of the proceedings dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to prison by warrant of the judge as for a contempt.

Collected 2026-09-02T06:41:59Z. Source file · JSON

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