When real estate is attached a true and attested copy of the attachment, together with a description of the real estate attached, shall be, by the officer serving the warrant of attachment, delivered to the party whose real estate is attached or left at his last and usual place of abode. And the officer making such service shall also leave a true and attested copy of such attachment, together with a description of the real estate so attached, in the office in which by law a deed of such estate is required to be recorded. If the party whose estate is attached does not reside in this State then such copy shall be delivered to his tenant, agent, or attorney if any be known, and, if no such agent, tenant or attorney be known, then a copy of such warrant of attachment with the officer's return thereon lodged in the office in which by law a deed of such real estate ought to be recorded shall be deemed sufficient service. The clerk or register of the office wherein any such warrant of attachment is required to be lodged shall receive such warrant and enter in a book kept for that purpose the names of the parties, the date of the warrant of attachment, the sum demanded and the officer's return thereon. Such attachment shall be a lien subject to all prior liens and bind the real estate attached from the date of lodgment. All attachments lodged upon the same day shall take rank together.
HISTORY: 1962 Code Section 10-924; 1952 Code Section 10-924; 1942 Code Section 532; 1932 Code Section 532; Civ. P. '22 Section 505; Civ. P. '12 Section 284; Civ. P. '02 Section 253; 1870 (14) 475 Section 255.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Section 15-19-10. Grounds for attachment generally.
Section 15-19-30. Attachment when debt is not due.
Section 15-19-40. Persons authorized to grant attachment.
Section 15-19-50. Affidavit required.
Section 15-19-60. Form of affidavit.
Section 15-19-70. Filing of affidavit and serving copies thereof.
Section 15-19-80. Bond required before obtaining attachment.
Section 15-19-90. Form of bond.
Section 15-19-100. Persons to whom attachment shall be directed.
Section 15-19-110. Issuance and form of attachment.
Section 15-19-210. Service and answer upon execution of warrant.
Section 15-19-220. Property which is subject to attachment.
Section 15-19-230. Duty of officer to whom warrant is delivered.
Section 15-19-240. Attachment of real estate.
Section 15-19-250. Effecting execution on property incapable of manual delivery.
Section 15-19-260. Certificate of defendant's interest.
Section 15-19-270. Duties of officer upon seizure of property.
Section 15-19-280. Sale of personal property likely to deteriorate or expensive to keep.
Section 15-19-290. Proceedings on claim of third person.
Section 15-19-300. Discharge or return of property on defendant's appearance.
Section 15-19-310. Undertaking on part of defendant.
Section 15-19-320. Maximum undertaking in certain actions.
Section 15-19-330. Undertaking when property of one of several defendants is attached.
Section 15-19-340. Motion by owner to discharge attachment.
Section 15-19-350. Satisfying judgment for plaintiff.
Section 15-19-370. Disposition of residue when judgment is paid.
Section 15-19-380. Proceedings by plaintiff instead of sheriff or constable.
Section 15-19-390. Proceedings on judgment for defendant.
Section 15-19-400. Time when sheriff or constable shall return attachment.
Section 15-19-510. Authorization and issuance.
Section 15-19-520. Plaintiff's undertaking; contents of warrant.
Section 15-19-530. Effecting attachment.
Section 15-19-540. Lien of attachment.