South Carolina § 15-69-70 Purpose of preseizure hearing; allowing claim for immediate possession.

South Carolina Statutes

§ 15-69-70 — Purpose of preseizure hearing; allowing claim for immediate possession.

South Carolina § 15-69-70

Title 15CIVIL REMEDIES AND PROCEDURES

Ch. 69RECOVERY OF PERSONAL PROPERTY

This text of South Carolina § 15-69-70 (Purpose of preseizure hearing; allowing claim for immediate possession.) 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. § 15-69-70 (2026).

Text

The purpose of the preseizure hearing is to protect the defendant's use and possession of property from arbitrary encroachment, and to prevent unfair or mistaken deprivations of property. If the judge shall, after conducting the hearing, find that the plaintiff's claim for immediate possession is probably valid and the defendant has no overriding right to continue in possession of the property, then the judge may allow the claim for immediate possession and endorse the affidavit accordingly.

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The purpose of the preseizure hearing is to protect the defendant's use and possession of property from arbitrary encroachment, and to prevent unfair or mistaken deprivations of property. If the judge shall, after conducting the hearing, find that the plaintiff's claim for immediate possession is probably valid and the defendant has no overriding right to continue in possession of the property, then the judge may allow the claim for immediate possession and endorse the affidavit accordingly.