South Carolina Code 15-69-30. Affidavit and requisites thereof
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When a delivery is claimed an affidavit must be made by the plaintiff or by someone on his behalf showing:
(1) That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof by virtue of a special property therein, the facts in respect to which shall be set forth;
Terms Used In South Carolina Code 15-69-30
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: as used in this Title , includes both real and personal property. See South Carolina Code 15-1-50
- Statute: A law passed by a legislature.
(2) That the property is wrongfully detained by the defendant;
(3) The alleged cause of the detention thereof, according to the affiant’s best knowledge, information and belief;
(4) That the property has not been taken for a tax, assessment or fine pursuant to a statute or seized under an execution or attachment against the property of the plaintiff or, if so seized, that it is by statute exempt from such seizure; and
(5) The actual value of the property.