The South Carolina Affidavit of Abandonment (Distraint) is a document used to release a distraint (or lien) that was placed on personal property in South Carolina. It is usually used when a landlord has distrained (or taken possession) of a tenant’s personal property as a result of nonpayment of rent. The Affidavit of Abandonment (Distraint) is filed with the court to release the distraint and return the personal property to the tenant. There are two types of South Carolina Affidavit of Abandonment (Distraint): 1) Abandonment of Distraint; and 2) Abandonment of Sequestration. The Abandonment of Distraint is used when the tenant has paid the amount owed and the landlord wishes to release the lien on the personal property. The Abandonment of Sequestration is used when the tenant has not paid the amount owed and the landlord wishes to release the lien and relinquish all rights to the personal property.
South Carolina Affidavit of Abandonment (Distraint)
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How to fill out South Carolina Affidavit Of Abandonment (Distraint)?
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(b) Change of Attorney. An attorney may be changed by consent, or upon cause shown, and upon such terms as shall be just, upon application, by order of the Court, and not otherwise. Written notice of change of attorney must be served as provided by Rule 5.
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.
What Should You Include in a South Carolina Affidavit? The name and address of the affiant. A statement of the facts. A sworn declaration that the statements are true. The signature of the affiant. The date of the affidavit. The signature of the Notary Public.
If the Court agrees that you have done a good job of attempting service, also known as ?due diligence,? then the Court will sign an ?Order for Service by Publication.? This Order gives you permission to announce the suit in a specific newspaper. This is known as ?Service by Publication.?
After the process server serves the papers, he or she must prepare an affidavit that they completed service of process. This affidavit must be notarized. File the affidavit with the Clerk of Court's office where the case is filed.
The answer is easy. 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.
What is an affidavit? An affidavit is a written, sworn statement used in court proceedings and other legal matters that has been witnessed and notarized by another party. Depending on your location, you might need to have an authorized affidavit taker witness the creation of your affidavit in person.