{"data":{"id":"us-sc/s.c.-code-ann.-22-3-1350","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 22-3-1350","heading":"Preseizure hearing; claim for immediate possession; action tried as others.","body":"The purpose of the preseizure hearing is to protect the defendant's use and possession of property from arbitrary encroachment, and to prevent unfair or mistaken deprivations of property. If the magistrate shall, after conducting the hearing, find that the plaintiff's claim for immediate possession is probably valid and the defendant has no overriding right to continue in possession of the property, then the magistrate may allow the claim for immediate possession and endorse the affidavit accordingly.\nWhether the claim for immediate possession is allowed or not, the action commenced by the service of the summons shall be tried in all respects as other actions are tried in the magistrates' courts.","path":["Title 22 - MAGISTRATES AND CONSTABLES","CHAPTER 3 Jurisdiction and Procedure in Magistrates' Courts","ARTICLE 13 Proceedings in Claim and Delivery"],"source_url":"https://www.scstatehouse.gov/code/t22c003.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T06:49:09Z","sha256":"08c4a2aef151c834a1141cb2981cf24e54fddf021c2d54aae2eb922fd6b97b4b","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-22-3-1340","next":"us-sc/s.c.-code-ann.-22-3-1360"},"notice":"GroundRules: Original legal text. Not legal advice."}