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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 22-3-1440: Return of property to defendant.

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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

At any time before the return day of the summons the defendant may, if he has not excepted to the plaintiff's sureties, require the return of the property to him upon giving to the plaintiff and filing with the magistrate a written undertaking, with one or more sureties who shall justify before the magistrate on the return day of the summons to the effect that they are bound in double the value of the property, as stated in plaintiff's affidavit, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant. If such return be not required before the return day of the summons the property shall be delivered to the plaintiff.

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

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