South Carolina § 22-3-1350 Preseizure hearing; claim for immediate possession; action tried as others.

South Carolina Statutes

§ 22-3-1350 — Preseizure hearing; claim for immediate possession; action tried as others.

South Carolina § 22-3-1350

Title 22MAGISTRATES AND CONSTABLES

Ch. 3JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS

This text of South Carolina § 22-3-1350 (Preseizure hearing; claim for immediate possession; action tried as others.) 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. § 22-3-1350 (2026).

Text

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. Whether 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.

Free access — add to your briefcase to read the full text and ask questions with AI

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. Whether 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.

Legislative History

HISTORY: 1962 Code SECTION 43-181; 1952 Code SECTION 43-181; 1942 Code SECTION 263; 1932 Code SECTION 263; Civ. P. '22 SECTION 219; Civ. P. '12 SECTION 86; Civ. P. '02 SECTION 77; 1870 (14) 80; 1972 (57) 3080.