The purpose of the preseizure hearing is to protect the defendant's use and possession of property from arbitrary encroachment, and to prevent unfair or mistaken deprivations of property. If the judge shall, after conducting the hearing, find that the plaintiff's claim for immediate possession is probably valid and the defendant has no overriding right to continue in possession of the property, then the judge may allow the claim for immediate possession and endorse the affidavit accordingly.
HISTORY: 1962 Code Section 10-2507.1; 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.