Before issuing the warrant of attachment the judge, clerk or magistrate shall require a written undertaking on the part of the plaintiff with sufficient surety to the effect that if the plaintiff shall fail to prove that the action is brought to recover the purchase money for the property which is about to be attached or if the defendant recovers judgment or the attachment be set aside by the order of the court the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars, except in case of a warrant issued by a magistrate when it shall be at least twenty-five dollars. The warrant shall be directed to any sheriff or constable of any county in which the property of such defendant may be, shall plainly describe the property and shall require such officer to attach and safely keep such property of the defendant or so much thereof as may be sufficient to satisfy plaintiff's demand, together with costs and expenses.
HISTORY: 1962 Code Section 10-952; 1952 Code Section 10-952; 1942 Code Section 547; 1932 Code Section 547; Civ. P. '22 Section 520; Civ. P. '12 Section 299; 1904 (24) 452.
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.