§ 22-3-1310 Claiming immediate delivery of property by plaintiff
§ 22-3-1320 Affidavit of plaintiff in action of claim and delivery
§ 22-3-1330 Summons and notice of right to preseizure hearing in plaintiff’s action of claim and delivery; order for seizure of property
§ 22-3-1340 Defendant’s exceptions to sureties in bond or undertaking
§ 22-3-1350 Purpose of preseizure hearing; allowing claim for immediate possession; action to be tried as others
§ 22-3-1360 Notice and opportunity for preseizure hearing required; waiver
§ 22-3-1370 Order restraining defendant from damaging, concealing or removing property
§ 22-3-1380 Determination upon affidavit showing danger of destruction or concealment
§ 22-3-1390 Service of copy of affidavit of waiver or probability of damage or concealment
§ 22-3-1400 Procedure when defendant cannot be found
§ 22-3-1410 Service of copy of affidavit, summons and notice; taking of property by constable
§ 22-3-1420 Taking property concealed in building or enclosure
§ 22-3-1430 Care of property taken by constable
§ 22-3-1440 Return of property to defendant upon filing written undertaking for delivery if delivery be adjudged
§ 22-3-1450 Claim to taken property by third person
§ 22-3-1460 Judgment in actions for claim and delivery
§ 22-3-1470 Execution on judgment
§ 22-3-1480 Judgment when property not delivered to plaintiff or when defendant claims return
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Terms Used In South Carolina Code > Title 22 > Chapter 3 > Article 13 - Proceedings in Claim and Delivery

  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probate: Proving a will
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.