2021 South Carolina Code of Laws
Title 22 - Magistrates and Constables
Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts
Section 22-3-1350. Purpose of preseizure hearing; allowing claim for immediate possession; action to be tried as others.
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 magistrate 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 magistrate may allow the claim for immediate possession and endorse the affidavit accordingly.
Whether the claim for immediate possession is allowed or not, the action commenced by the service of the summons shall be tried in all respects as other actions are tried in the magistrates' courts.
HISTORY: 1962 Code Section 43-181; 1952 Code Section 43-181; 1942 Code Section 263; 1932 Code Section 263; Civ. P. '22 Section 219; Civ. P. '12 Section 86; Civ. P. '02 Section 77; 1870 (14) 80; 1972 (57) 3080.
