South Carolina Affidavit and Claim for Immediate Delivery of Property (Claim and Delivery) is a legal document used to recover personal property in South Carolina. It is a sworn statement wherein the claimant declares that they are the rightful owner of the property in question and that it has been wrongfully taken from them without permission. The claimant must also provide evidence to support their claim, such as a bill of sale or a receipt proving their ownership. The document is then filed with the court and served on the defendant. If the defendant fails to respond, the court may grant the claimant immediate possession of the property. There are two different types of South Carolina Affidavit and Claim for Immediate Delivery of Property (Claim and Delivery): 1) a ‘general’ claim, which is suitable for any type of personal property, and 2) a ‘special’ claim, which applies when the property in question is a motor vehicle. In the case of a special claim, the claimant must provide additional evidence such as a copy of the vehicle registration or title.
South Carolina Affidavit and Claim for Immediate Delivery of Property (Claim and Delivery)
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How to fill out South Carolina Affidavit And Claim For Immediate Delivery Of Property (Claim And Delivery)?
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FAQ
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.
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).
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.
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.
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.
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.
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.