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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 22-3-1320: Claim and delivery action, plaintiff affidavit.

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Where this section sits in the code
  1. Title 22 - MAGISTRATES AND CONSTABLES
  2. CHAPTER 3 Jurisdiction and Procedure in Magistrates' Courts
  3. ARTICLE 13 Proceedings in Claim and Delivery

Before any process shall be issued in an action to recover the possession of personal property, the plaintiff, his agent or attorney, shall make proof by affidavit, showing:

(1) That the plaintiff is the owner or is entitled to immediate possession of the property claimed, particularly describing such property;

(2) That such property is wrongfully withheld or detained by the defendant;

(3) The cause of such detention or withholding thereof, according to the best knowledge, information and belief of the person making the affidavit;

(4) That such personal property has not been taken for any tax, fine or assessment, pursuant to statute, or seized by virtue of an execution or attachment against the property of the plaintiff or, if so seized, that it is exempt from such seizure by statute; and

(5) The actual value of such personal property.

Collected 2026-09-02T06:49:09Z. Source file · JSON

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