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·Title 38 INSURANCE·Ch. 57 TRADE PRACTICES

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.

South Carolina § 38-57-290 (Action for recovery of fine paid under protest.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.