South Carolina Affidavit and Complaint In Claim and Delivery is a legal document used to take possession of personal property that was wrongfully taken from a person in South Carolina. This document can be used to start a civil action for the return of the property. It is filed with the clerk of court, and the plaintiff must serve a copy of the complaint to the defendant. There are two types of South Carolina Affidavit and Complaint In Claim and Delivery: the General Affidavit and Complaint In Claim and Delivery and the Statutory Affidavit and Complaint In Claim and Delivery. The General Affidavit and Complaint In Claim and Delivery is used when the property is not identified by the plaintiff, while the Statutory Affidavit and Complaint In Claim and Delivery is used when the property is identified by the plaintiff. Both documents are required to provide details about the property, the defendant, and the circumstances of the wrongful taking.
South Carolina Affidavit and Complaint In Claim and Delivery
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FAQ
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
All papers required to be served upon a party except as provided in Rule 26(g)(1), shall be filed with the court within five (5) days after service thereof. The summons and complaint shall be filed before service. Proof of service shall be filed within ten (10) days after service of the summons and complaint.
(§ 22-3-1330(b)). e) a summons requiring the defendant to appear before the magistrate at a date set not less than five nor more than 20 days from date of service and seizure for the purpose of determining permanent possession. (§ 22-3-1330(c)).
A Replevin, also referred to as Claim and Delivery, is an action designed to recover property. Through this action, the creditor will seek the return of the item itself rather than money damages. Most often, this action represents the creditor attempting to recover tangible items from a debtor.
Claim and delivery may not be used to recover ownership of real property, but may only be used to recover goods or personal property. Actions of claim and delivery are proper in the magistrate's court so long as the value of the property to be regained does not exceed the magistrate's jurisdictional amount ($7,500.00).
Examples of Replevin A creditor seeking to recover tangible items from a debtor who has defaulted on a secured loan, such as repossessing a borrower's car after missed payments. A renter who sues a landlord for the return of property that was withheld in return for back pay.
Claiming immediate delivery of property by plaintiff. The plaintiff in an action of claim and delivery before a magistrate may at the time of issuing the summons, but not afterwards, claim the immediate delivery of such property as herein provided.
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.