The plaintiff shall attach to the affidavit a notice of a right to a preseizure hearing which shall notify the defendant that within five days from service thereof, he may demand such hearing by notifying the clerk of court in writing and present such evidence touching upon the probable validity of the plaintiff's claim for immediate possession, and defendant's right to continue in possession.
HISTORY: 1962 Code Section 10-2504; 1952 Code Section 10-2504; 1942 Code Section 554; 1932 Code Section 554; Civ. P. '22 Section 471; Civ. P. '12 Section 259; Civ. P. '02 Section 229; 1870 (14) 471 Section 231; 1972 (57) 3080.
Structure 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 15-69-60. 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.