The purpose of the predistress hearing is to protect the tenant's use and possession of property from arbitrary encroachment and to prevent unfair or mistaken deprivation of property. If the magistrate shall, after conducting the hearing, find that the landlord's right to distress is valid and the tenant has no overriding right to continue in possession of the property subject to distress, then the magistrate may issue his distress warrant naming the amount of rent due, with costs, and such warrant shall be delivered to an officer as set forth in Section 27-39-210.
HISTORY: 1962 Code Section 41-151.1; 1973 (58) 384.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Section 27-39-10. Collection of agricultural rents and advances; liens therefor not affected.
Section 27-39-20. Validity of payment of rent for period longer than twelve months.
Section 27-39-30. Effect of payment of rent to grantor or conusor.
Section 27-39-40. Action for debt may be brought for rent on lease or demise for life.
Section 27-39-210. Commencement of proceedings for collection of rent by distress.
Section 27-39-220. Predistress hearing.
Section 27-39-230. Property exempt from distress.
Section 27-39-240. Enforcement of distress warrant.
Section 27-39-250. Property of third party on premises.
Section 27-39-270. Property removed from premises.
Section 27-39-280. Distraint after expiration of lease of tenant for life of another.
Section 27-39-290. Reasonableness of distress.
Section 27-39-300. Damages for unreasonable and excessive distress.
Section 27-39-310. Giving bond to free property from distraint.
Section 27-39-320. Sale of distrained property.
Section 27-39-330. Tax liens on property sold under distress.
Section 27-39-340. Persons who may be purchasers at sale.