The purpose of the predistress hearing is to protect the tenant's use and possession of property from arbitrary encroachment and to prevent unfair or mistaken deprivation of property. If the magistrate shall, after conducting the hearing, find that the landlord's right to distress is valid and the tenant has no overriding right to continue in possession of the property subject to distress, then the magistrate may issue his distress warrant naming the amount of rent due, with costs, and such warrant shall be delivered to an officer as set forth in SECTION 27-39-210.
S.C. Code Ann. § 27-39-220
Predistress hearing
Applied in 1 court decision — leading case Tolemac, Inc. v. United Trading, Inc. (1997)
Most recently applied in Tolemac, Inc. v. United Trading, Inc. (April 1997)
1962 Code SECTION 41-151.1; 1973 (58) 384.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.