South Carolina § 15-69-30 Affidavit and requisites thereof.

South Carolina Statutes

§ 15-69-30 — Affidavit and requisites thereof.

South Carolina § 15-69-30

Title 15CIVIL REMEDIES AND PROCEDURES

Ch. 69RECOVERY OF PERSONAL PROPERTY

This text of South Carolina § 15-69-30 (Affidavit and requisites thereof.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 15-69-30 (2026).

Text

When a delivery is claimed an affidavit must be made by the plaintiff or by someone on his behalf showing:

(1)That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof by virtue of a special property therein, the facts in respect to which shall be set forth;

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

(3)The alleged cause of the detention thereof, according to the affiant's best knowledge, information and belief;

(4)That the property has not been taken for a tax, assessment or fine pursuant to a statute or seized under an execution or attachment against the property of the plaintiff or, if so seized, that it is by statute exempt from such seizure; and (5) The actual value of the property.

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When a delivery is claimed an affidavit must be made by the plaintiff or by someone on his behalf showing: (1) That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof by virtue of a special property therein, the facts in respect to which shall be set forth; (2) That the property is wrongfully detained by the defendant; (3) The alleged cause of the detention thereof, according to the affiant's best knowledge, information and belief; (4) That the property has not been taken for a tax, assessment or fine pursuant to a statute or seized under an execution or attachment against the property of the plaintiff or, if so seized, that it is by statute exempt from such seizure; and (5) The actual value of the property.

Legislative History

HISTORY: 1962 Code SECTION 10-2503; 1952 Code SECTION 10-2503; 1942 Code SECTION 553; 1932 Code SECTION 553; Civ. P. '22 SECTION 470; Civ. P. '12 SECTION 258; Civ. P. '02 SECTION 228; 1870 (14) 471 SECTION 230.