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South Carolina Affidavit and Complaint (Claim & Delivery)

South Carolina Affidavit and Complaint (Claim & Delivery)

Name: South Carolina Affidavit and Complaint (Claim & Delivery)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.55 (265 reviews)

Category:

South Carolina Statewide - Appellate Courts

State:

South Carolina

Control #:

SC-SKU-1121

Format:

Instant download

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Description

Affidavit and Complaint (Claim & Delivery) A South Carolina Affidavit and Complaint (Claim & Delivery) is a legal document used in the state of South Carolina to begin a lawsuit in which the plaintiff (the person filing the complaint) is seeking the return of property that has been wrongfully taken or withheld from them. This type of complaint is often used when a debtor has failed to deliver property that has been sold or leased, or when a creditor has taken possession of a debtor’s property without permission. The South Carolina Affidavit and Complaint (Claim & Delivery) must be filed with the court and a copy must be served on the defendant (the person charged with wrongfully taking or withholding the property). The defendant then has a certain amount of time to reply to the complaint or face a default judgment. There are two types of South Carolina Affidavit and Complaint (Claim & Delivery): a single claim and a multiple claim. A single claim is when a plaintiff files a single complaint against a single defendant, while a multiple claim is when a plaintiff files a complaint against multiple defendants.

A South Carolina Affidavit and Complaint (Claim & Delivery) is a legal document used in the state of South Carolina to begin a lawsuit in which the plaintiff (the person filing the complaint) is seeking the return of property that has been wrongfully taken or withheld from them. This type of complaint is often used when a debtor has failed to deliver property that has been sold or leased, or when a creditor has taken possession of a debtor’s property without permission. The South Carolina Affidavit and Complaint (Claim & Delivery) must be filed with the court and a copy must be served on the defendant (the person charged with wrongfully taking or withholding the property). The defendant then has a certain amount of time to reply to the complaint or face a default judgment. There are two types of South Carolina Affidavit and Complaint (Claim & Delivery): a single claim and a multiple claim. A single claim is when a plaintiff files a single complaint against a single defendant, while a multiple claim is when a plaintiff files a complaint against multiple defendants.

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FAQ

(§ 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)).

At any time in its discretion and upon terms as it deems just, the court may, by written order, allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

Affidavit of plaintiff in action of claim and delivery. (5) The actual value of such personal property.

(§ 22-3-1360). Waiver by a defendant may be proven by an affidavit showing that the defendant, in writing, by contract or by separate written instrument, voluntarily, intelligently, and knowingly waived his right to a hearing prior to the repossession of such personal property.

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.

To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.

Only claims valued at $7,500 or less can be brought in Magistrates Court. You must file your lawsuit in the applicable county.

More info

This complaint contains the details of the claim against you and the relief that the plaintiff (the person or company suing you) seeks. 2. This affidavit contains information necessary to support probable cause for this application.Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms TO PROCESS SERVER: You must serve the affidavit and claim no later than 7 days before the hearing date and file proof of service with the court clerk. Only a Legible "Affidavit of Complaint and Order (PDF)" will be accepted. You can now fill out the form online (PDF). STEP TWO: First complete the "CLAIM AFFIDAVIT" (on the reverse side of this page). You must have the full name and address of each person you sue. Plaintiff must submit his or her detailed affidavit of facts together with proof of service of the legal papers upon defendant(s). Attorney. Bona Fide Officer.

South Carolina Affidavit and Complaint (Claim & Delivery)

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