2021 South Carolina Code of Laws
Title 22 - Magistrates and Constables
Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts
Section 22-3-1360. Notice and opportunity for preseizure hearing required; waiver.
No property shall be seized under the provisions of this article unless five days' notice and an opportunity to be heard have been afforded the party in possession as herein provided; provided, however, any person in possession of the personal property may waive the right to a preseizure hearing, if the waiver is conspicuously displayed in the contract and includes the wording "waiver of hearing prior to immediate possession." In order for the contractual waiver or any other waiver to be effective, the plaintiff by affidavit must show that the defendant has in writing by contract or separate written instrument voluntarily, intelligently and knowingly waived his right to a hearing prior to the repossession of such personal property. The magistrate may order immediate delivery of the property to the plaintiff upon receipt of such affidavit.
HISTORY: 1962 Code Section 43-185; 1972 (57) 3080.
