Before any process shall be issued in an action to recover the possession of personal property, the plaintiff, his agent or attorney, shall make proof by affidavit, showing:
(1) That the plaintiff is the owner or is entitled to immediate possession of the property claimed, particularly describing such property;
(2) That such property is wrongfully withheld or detained by the defendant;
(3) The cause of such detention or withholding thereof, according to the best knowledge, information and belief of the person making the affidavit;
(4) That such personal property has not been taken for any tax, fine or assessment, pursuant to statute, or seized by virtue of an execution or attachment against the property of the plaintiff or, if so seized, that it is exempt from such seizure by statute; and
(5) The actual value of such personal property.
HISTORY: 1962 Code Section 43-172; 1952 Code Section 43-172; 1942 Code Section 257; 1932 Code Section 257; Civ. P. '22 Section 213; Civ. P. '12 Section 80; Civ. P. '02 Section 71; 1870 (14) 74; 1879 (17) 28; Const. Art. 5, Sections 20, 21.
Structure South Carolina Code of Laws
Title 22 - Magistrates and Constables
Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts
Section 22-3-10. Concurrent civil jurisdiction.
Section 22-3-20. Civil actions in which magistrate has no jurisdiction.
Section 22-3-25. Interpleader actions.
Section 22-3-30. Counterclaim requiring transfer to court of common pleas.
Section 22-3-110 to 22-3-290. Omitted by 2008 Act No. 267, Section 1, eff June 4, 2008.
Section 22-3-300. Filing and docketing judgments of magistrates.
Section 22-3-310. Executions on magistrates' judgments; effect of appeal thereon.
Section 22-3-320. Execution when judgment docketed.
Section 22-3-330. Courtesy summons.
Section 22-3-340. Assessments on filings.
Section 22-3-510. Criminal jurisdiction abolished in counties where county courts established.
Section 22-3-520. Jurisdiction limited to county.
Section 22-3-530. Trial in district where offense committed.
Section 22-3-540. Exclusive and concurrent jurisdiction.
Section 22-3-545. Transfer of certain criminal cases from general sessions court.
Section 22-3-560. Breaches of the peace.
Section 22-3-570. Larceny by stealing property not exceeding certain value.
Section 22-3-580. Receiving stolen goods.
Section 22-3-590. Obtaining property under false pretenses.
Section 22-3-710. Proceedings commenced on information.
Section 22-3-720. Amendment of information.
Section 22-3-730. Proceedings are summary.
Section 22-3-740. Election on which of several offenses to try accused.
Section 22-3-750. Procedure against corporations for violating criminal laws.
Section 22-3-760. Trial of corporation.
Section 22-3-790. Recording and acknowledgement of testimony by witnesses.
Section 22-3-800. Suspension of imposition or execution of sentence in certain cases.
Section 22-3-910. Jurisdiction when magistrate becomes incapacitated.
Section 22-3-920. Change of venue.
Section 22-3-930. Compelling attendance of witnesses and the giving of testimony.
Section 22-3-940. Magistrates empowered to take testimony de bene esse.
Section 22-3-950. Power to punish for contempt.
Section 22-3-1000. Time for motion for new trial; appeal; exception.
Section 22-3-1010. Itemized account of costs.
Section 22-3-1110. Defense of questionable title in defendant's answer.
Section 22-3-1130. Action discontinued upon delivery of undertaking; costs.
Section 22-3-1140. Procedure if undertaking not delivered.
Section 22-3-1150. Effect of plaintiff's showing developing an issue of title.
Section 22-3-1160. Defense of questionable title as to one of several causes of action.
Section 22-3-1180. Costs in circuit court action.
Section 22-3-1310. Claiming immediate delivery of property by plaintiff.
Section 22-3-1320. Affidavit of plaintiff in action of claim and delivery.
Section 22-3-1340. Defendant's exceptions to sureties in bond or undertaking.
Section 22-3-1360. Notice and opportunity for preseizure hearing required; waiver.
Section 22-3-1370. Order restraining defendant from damaging, concealing or removing property.
Section 22-3-1380. Determination upon affidavit showing danger of destruction or concealment.
Section 22-3-1390. Service of copy of affidavit of waiver or probability of damage or concealment.
Section 22-3-1400. Procedure when defendant cannot be found.
Section 22-3-1420. Taking property concealed in building or enclosure.
Section 22-3-1430. Care of property taken by constable.
Section 22-3-1450. Claim to taken property by third person.
Section 22-3-1460. Judgment in actions for claim and delivery.