South Carolina § 38-57-290 Action for recovery of fine paid under protest.

South Carolina Statutes

§ 38-57-290 — Action for recovery of fine paid under protest.

South Carolina § 38-57-290

Title 38INSURANCE

Ch. 57TRADE PRACTICES

This text of South Carolina § 38-57-290 (Action for recovery of fine paid under protest.) 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. § 38-57-290 (2026).

Text

Any person paying a fine levied by the director or his designee, under protest, may at any time within thirty days after payment, but not afterwards, bring an action against the director or his designee for the recovery thereof in the court of common pleas of the county in which the fine was payable. If it is determined in that action that the fine was wrongfully or illegally levied and collected, for any reason going to the merits, the court before whom the case is tried shall certify of record that the fine was wrongfully collected and should be refunded and thereupon the Comptroller General shall issue his warrant for the refunding of the fine so paid.

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Any person paying a fine levied by the director or his designee, under protest, may at any time within thirty days after payment, but not afterwards, bring an action against the director or his designee for the recovery thereof in the court of common pleas of the county in which the fine was payable. If it is determined in that action that the fine was wrongfully or illegally levied and collected, for any reason going to the merits, the court before whom the case is tried shall certify of record that the fine was wrongfully collected and should be refunded and thereupon the Comptroller General shall issue his warrant for the refunding of the fine so paid.

Legislative History

HISTORY: Former 1976 Code SECTION 38-55-380 [1962 Code SECTION 37-1238; 1964 (53) 2293] recodified as SECTION 38-57-290 by 1987 Act No. 155, SECTION 1; 1993 Act No. 181, SECTION 720.