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2017 South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
CHAPTER 69 - RECOVERY OF PERSONAL PROPERTY
Section 15-69-70. Purpose of preseizure hearing; allowing claim for immediate possession.
Universal Citation: SC Code § 15-69-70 (2017)
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.
HISTORY: 1962 Code Section 10-2507.1; 1972 (57) 3080.
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