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S.C. Code Ann. § 22-3-1350

Preseizure hearing; claim for immediate possession; action tried as others

Applied in 1 court decision — leading case Price v. Pickens County (1992)

Most recently applied in Price v. Pickens County (April 1992)

1962 Code SECTION 43-181; 1952 Code SECTION 43-181; 1942 Code SECTION 263; 1932 Code SECTION 263; Civ

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.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.