South Carolina § 15-35-360 Judgment by confession; statement in writing and contents thereof.

South Carolina Statutes

§ 15-35-360 — Judgment by confession; statement in writing and contents thereof.

South Carolina·Title 15 CIVIL REMEDIES AND PROCEDURES·Ch. 35 JUDGMENTS AND DECREES GENERALLY

Before a judgment by confession shall be entered a statement in writing must be made and signed by the defendant and verified by his oath to the following effect:

(1)It must state the amount for which judgment may be entered and authorize the entry of judgment therefor;

(2)If it be for the money due or to become due, it must state concisely the facts out of which it arose and must show that the sum confessed therefor is justly due or to become due; and (3) If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability and must show that the sum confessed therefor does not exceed the liability.

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Before a judgment by confession shall be entered a statement in writing must be made and signed by the defendant and verified by his oath to the following effect: (1) It must state the amount for which judgment may be entered and authorize the entry of judgment therefor; (2) If it be for the money due or to become due, it must state concisely the facts out of which it arose and must show that the sum confessed therefor is justly due or to become due; and (3) If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability and must show that the sum confessed therefor does not exceed the liability.

South Carolina § 15-35-360 (Judgment by confession; statement in writing and contents thereof.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

HISTORY: 1962 Code SECTION 10-1536; 1952 Code SECTION 10-1536; 1942 Code SECTION 671; 1932 Code SECTION 671; Civ. P. '22 SECTION 684; Civ. P. '12 SECTION 422; Civ. P. '02 SECTION 384; 1870 (14) 513 SECTION 400.