South Carolina Sample Letter to Defendant Seeking Recovery of Funds Owed
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How to fill out Sample Letter To Defendant Seeking Recovery Of Funds Owed?
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FAQ
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).
The claim and delivery must be filed with the court that has jurisdiction over where the property is located. You must pay a filing fee of sixty-five dollars ($65.00) when you file the action. A valid address for the party who has possession of the property must be provided to the Court at the time of filing.
Simply go to your local magistrate's office, explain your claim to the magistrate (or the magistrate's clerk), pay a small filing fee, and the magistrate's office will help you fill out the paperwork and send it to the party that you are making a claim against.
A claim and delivery is a legal action to recover personal property which is in the possession of another party. The party who begins the action is the plaintiff. The party who has possession of the property claimed is the defendant. The claim and delivery must be filed with the court where the property is located.
Follow these three steps to respond to a South Carolina debt collection lawsuit: Answer each issue of the Complaint. Assert your affirmative defenses. File the Answer document with the court, and serve the plaintiff with a copy.
You must draft the demand letter with as little emotion as possible. And-- stick to the facts. Keep a detailed record and copies of all your communications with the other person or company. Write down the date, time, name of the person you spoke to, and the nature of all your conversations about the problem.
The statute of limitations for small court cases differs depending on the state. For South Carolina, the deadline for small claims in most situations is typically three years. However, it's best to confirm that deadline with your small claims court or consult a Pawleys Island lawyer before filing the lawsuit.