A South Carolina Order Restraining Damage or Concealment of Property (Claim and Delivery) is a court order issued by a judge that requires a person or entity to immediately stop any and all damage or concealment of a property in question. This order is typically issued in the event of a dispute between two parties over the ownership or control of a particular piece of property. The order can be used to protect a party’s legal rights in the property, which may include title, possession, or ownership. The types of South Carolina Order Restraining Damage or Concealment of Property (Claim and Delivery) include an Order to Show Cause, an Order of Taking, a Writ of Possession, and a Writ of Assistance.
South Carolina Order Restraining Damage or Concealment of Property (Claim and Delivery)
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Order Restraining Damage or Concealment of Property (Claim and Delivery)
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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.
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.
Examples of Replevin A creditor seeking to recover tangible items from a debtor who has defaulted on a secured loan, such as repossessing a borrower's car after missed payments. A renter who sues a landlord for the return of property that was withheld in return for back pay.
Claim and delivery is an action for the recovery of specific personal property wrongfully taken or withheld from its rightful owner, with recovery of any damages resulting from the taking or possession of the property.
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.
(§ 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)).
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.