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South Carolina Judgment for Earnest Money in Interpleader Action

State:
South Carolina
Control #:
SC-SKU-1479
Format:
PDF
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Description

Judgment for Earnest Money in Interpleader Action

The South Carolina Interpleader Action is when a defendant deposits a sum of money into the court registry in an effort to ensure that a dispute over the ownership of the funds is addressed. This type of action usually arises when two or more parties have a conflicting claim to the earnest money, such as a buyer and a seller in a real estate transaction. In such cases, the court will enter a South Carolina Judgment for Earnest Money in Interpleader Action, which will allow the dispute to be resolved without the involvement of a jury. The two main types of South Carolina Judgment for Earnest Money in Interpleader Action are summary judgment and contested action. In summary judgment, the court will decide the issue based on the pleadings filed by the parties. This type of judgment is typically used when there is no genuine dispute of material fact between the parties and the issue can be resolved quickly. Conversely, a contested action requires the parties to present evidence and testimony to support their respective claims to the money. The court will then decide the issue based on the evidence and testimony presented.

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FAQ

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

(§ 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)).

(§ 22-3-310). In actions for the claim and delivery of personal property when bond for the property claimed has been properly given by either party, the status of such property shall not be changed until after the expiration of the time for appeal or termination of the appeal. (§ 22-3-310).

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.

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.

A way for a holder of property to initiate a suit between two or more claimants to the property. If, for example, A holds property that he knows he does not own, but that both B and C are claiming, A can sue both B and C in an interpleader action, where B and C could litigate who actually owns the property.

Interpleader is defined as an equitable remedy now governed by statute, whereby a holder of money such as an escrow deposits funds or property with the Court.

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South Carolina Judgment for Earnest Money in Interpleader Action