South Carolina Code of Laws
Chapter 69 - Recovery Of Personal Property
Section 15-69-30. Affidavit and requisites thereof.

When a delivery is claimed an affidavit must be made by the plaintiff or by someone on his behalf showing:
(1) That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof by virtue of a special property therein, the facts in respect to which shall be set forth;
(2) That the property is wrongfully detained by the defendant;
(3) The alleged cause of the detention thereof, according to the affiant's best knowledge, information and belief;
(4) That the property has not been taken for a tax, assessment or fine pursuant to a statute or seized under an execution or attachment against the property of the plaintiff or, if so seized, that it is by statute exempt from such seizure; and
(5) The actual value of the property.
HISTORY: 1962 Code Section 10-2503; 1952 Code Section 10-2503; 1942 Code Section 553; 1932 Code Section 553; Civ. P. '22 Section 470; Civ. P. '12 Section 258; Civ. P. '02 Section 228; 1870 (14) 471 Section 230.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 15 - Civil Remedies and Procedures

Chapter 69 - Recovery Of Personal Property

Section 15-69-10. Time when immediate delivery may be claimed.

Section 15-69-20. Any one of several joint owners may sue for possession.

Section 15-69-30. Affidavit and requisites thereof.

Section 15-69-40. Notice of right to preseizure hearing.

Section 15-69-50. Sheriff shall serve affidavit and notice; required security; sheriff shall be directed to take property.

Section 15-69-60. Manner of effecting service; when sheriff shall take and retain property.

Section 15-69-70. Purpose of preseizure hearing; allowing claim for immediate possession.

Section 15-69-80. Notice and opportunity for preseizure hearing is required; waiver.

Section 15-69-90. Order restraining defendant from damaging, concealing or removing property.

Section 15-69-100. Determination upon affidavit showing danger of destruction or concealment.

Section 15-69-110. Service of affidavit of waiver or probability of destruction or concealment.

Section 15-69-120. Filing of notice and affidavit.

Section 15-69-130. Exception to sureties.

Section 15-69-140. When defendant shall be entitled to redelivery; undertaking.

Section 15-69-150. Amount of bond required of defendant when claim is for debt.

Section 15-69-160. Justification of defendant's sureties.

Section 15-69-170. Manner of qualification and justification of sureties.

Section 15-69-180. Taking of property concealed in building or enclosure.

Section 15-69-190. Keeping of property; sheriff's fees and expenses.

Section 15-69-200. Claim of property by third person.

Section 15-69-210. Judgment.