South Carolina Statutes
§ 22-3-1360 — Notice and opportunity for preseizure hearing required; waiver.
South Carolina·Title 22 MAGISTRATES AND CONSTABLES·Ch. 3 JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS
No property shall be seized under the provisions of this article unless five days' notice and an opportunity to be heard have been afforded the party in possession as herein provided; provided, however, any person in possession of the personal property may waive the right to a preseizure hearing, if the waiver is conspicuously displayed in the contract and includes the wording "waiver of hearing prior to immediate possession." In order for the contractual waiver or any other waiver to be effective, the plaintiff by affidavit must show that the defendant has in writing by contract or separate written instrument voluntarily, intelligently and knowingly waived his right to a hearing prior to the repossession of such personal property. The magistrate may order immediate delivery of the propert
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South Carolina § 22-3-1360 (Notice and opportunity for preseizure hearing required; waiver.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
HISTORY: 1962 Code SECTION 43-185; 1972 (57) 3080.
Nearby Sections
15
§ 22-3-10
Concurrent civil jurisdiction.§ 22-3-1000
Motion for new trial; appeal; exception.§ 22-3-1010
Itemized costs.§ 22-3-1110
Questionable title; defendant's answer.§ 22-3-1140
Procedure if undertaking not delivered.§ 22-3-1150
Plaintiff, issue with title.§ 22-3-1160
Title, questionable, causes of action.§ 22-3-1180
Circuit court, costs.§ 22-3-1310
Property, claim and delivery action.