The South Carolina Complaint For Immediate Claim and Delivery (Ownership Claimed) is a legal document used to initiate a lawsuit seeking the immediate possession of property from another person or entity. This complaint is typically used when ownership of the property is claimed, or is being contested, and when the plaintiff requests that the court order the defendant to deliver the property immediately. The complaint must include specific information on the property that is being claimed, including the property's description, the legal basis for the plaintiff’s claim of ownership, and the amount of damages sought if the property is not delivered. The two types of South Carolina Complaint For Immediate Claim and Delivery (Ownership Claimed) are a complaint for the return of personal property and a complaint for the return of real property. The complaint for the return of personal property is used to reclaim items such as jewelry, artwork, or other items of personal value. The complaint for the return of real property is used to reclaim real estate, such as a house or land.
South Carolina Complaint For Immediate Claim and Delivery (Ownership Claimed)
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FAQ
A defendant shall serve his answer within 30 days after the service of the complaint upon him, unless the Court directs otherwise when service of process is made pursuant to Rule 4(e), and provided further that the State of South Carolina shall answer or otherwise respond to an application for post-conviction relief
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.
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.
Under South Carolina Code § 16-11-510, Malicious Injury to Personal Property is where the defendant facing criminal charges allegedly acted with intent (intentionally) damages the personal possessions (property), goods, or chattel (common law term for personal items or property) that belong to another person.
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).
SECTION 22-3-550. Jurisdiction over minor offenses; restitution; contempt; maximum consecutive sentences. (A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both.
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.
S.C. Code Ann. § 22-3-920 provides that either party in a civil case, or the prosecutor or the accused in a criminal case, may apply for a change of venue.