South Carolina § 22-3-1320 Claim and delivery action, plaintiff affidavit.

South Carolina Statutes

§ 22-3-1320 — Claim and delivery action, plaintiff affidavit.

South Carolina § 22-3-1320

Title 22MAGISTRATES AND CONSTABLES

Ch. 3JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS

This text of South Carolina § 22-3-1320 (Claim and delivery action, plaintiff affidavit.) 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. § 22-3-1320 (2026).

Text

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

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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.

Legislative History

HISTORY: 1962 Code SECTION 43-172; 1952 Code SECTION 43-172; 1942 Code SECTION 257; 1932 Code SECTION 257; Civ. P. '22 SECTION 213; Civ. P. '12 SECTION 80; Civ. P. '02 SECTION 71; 1870 (14) 74; 1879 (17) 28; Const. Art. 5, SECTIONS 20, 21.