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(§ 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)).
Once the judgment is filed, it attaches to any land owned by the person who lost the lawsuit, called the ?judgment debtor.? However, certain amounts of the land may be exempt, for example, if the judgment debtor is living in a residence on the land.
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.
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.
(§ 22-3-310). 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).
Section 22-3-540 provides that magistrates (and by implication, municipal judges) have exclusive jurisdiction over all criminal cases in which the punishment does not exceed a fine of one hundred dollars or imprisonment for thirty days.