At the expiration of six months from the docketing of the judgment or forthwith upon the docketing of the judgment in cases in which an automobile has been attached under Section 29-15-20, the court may, upon the petition of the plaintiff accompanied by an affidavit setting forth fully all the proceedings which have been had by the sheriff or constable since the service of the attachment, the property attached and the disposition thereof and also the affidavit of the sheriff or constable that he has used diligence and endeavored to collect the evidences of debt in his hands so attached and that there remains uncollected of the same any part or portion thereof, order the sheriff or constable to sell the property attached upon such terms and in such manner as shall be deemed proper. Notice of such application shall be given to the defendant or his attorney, if the defendant shall have appeared in the action. In case the summons has not been personally served on the defendant the court shall make such rule or order as to the service of notice and the time of service as shall be deemed just.
HISTORY: 1962 Code Section 10-934; 1952 Code Section 10-934; 1942 Code Section 540; 1932 Code Section 540; Civ. P. '22 Section 513; Civ. P. '12 Section 292; Civ. P. '02 Section 259; 1870 (14) 477 Section 261; 1935 (39) 151.
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.