South Carolina § 29-5-320 - Prior attaching creditor is preferred.
Full text of South Carolina South Carolina Code of Laws § 29-5-320 — Prior attaching creditor is preferred., with citation guidance and answers to common questions.
§ 29-5-320. Prior attaching creditor is preferred.
If the interest of the owner in the building, structure or land is under attachment at the time of filing and recording the statement of the account, the attaching creditor shall be preferred to the extent of the value of the buildings and land as they were when the statement was recorded and the court shall ascertain, by a jury or otherwise as the case may require, what proportion of the proceeds of the sale shall be held subject to the attachment as derived from the value of the property when the statement was recorded.
HISTORY: 1962 Code SECTION 45-282; 1952 Code SECTION 45-282; 1942 Code SECTION 8757; 1932 Code SECTION 8757; Civ. C. '22 SECTION 5669; Civ. C. '12 SECTION 4139; Civ. C. '02 SECTION 3034; G. S. 2376; R. S. 2491; 1869 (14) 223.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 29-5-320
What does South Carolina Code of Laws § 29-5-320 cover?
Section 29-5-320 ("Prior attaching creditor is preferred.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 29-5-320?
A common citation format is "South Carolina Code of Laws § 29-5-320" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 29-5-320 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.