South Carolina Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment

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US-03320BG
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Description

An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.


It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer's consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.

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FAQ

CHAPTER 3 - JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS. SECTION 22-3-1460. Judgment in actions for claim and delivery. The judgment for the plaintiff may be for the possession, the recovery of the possession or the value thereof in case a delivery cannot be had and for damages for the detention.

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.

Breaches of the peace. Magistrates may punish breaches of the peace by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding thirty days, or both.

Code Ann. § 15-39-610 et seq. A judicial sale is used in magistrates' courts to satisfy an adjudicated claim by the sale of personal property taken from a losing party. The sale may be of personal property seized pursuant to a claim and delivery action, a distraint procedure, or as a result of a levy and execution.

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.

Attachment is a statutory remedy (beginning at S.C. Code Ann. § 15-19-10), which enables a magistrate, upon the action of plaintiff, to attach property of a defendant which is within the territorial jurisdiction of the court.

SECTION 22-3-710. Proceedings commenced on information. All proceedings before magistrates in criminal cases shall be commenced on information under oath, plainly and substantially setting forth the offense charged, upon which, and only which, shall a warrant of arrest issue.

The statute of limitations for small court cases differs depending on the state. For South Carolina, the deadline for small claims in most situations is typically three years. However, it's best to confirm that deadline with your small claims court or consult a Pawleys Island lawyer before filing the lawsuit.

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South Carolina Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment