South Carolina § 15-39-320 - Arrest in lieu of discovery order.

§ 15-39-320. Arrest in lieu of discovery order.

Instead of the order requiring the attendance of the judgment debtor the judge may, upon proof by affidavit or otherwise to his satisfaction that there is danger of the debtor's leaving the State or concealing himself and that there is reason to believe that he has property which he unjustly refuses to apply to such judgment, issue a warrant requiring the sheriff of any county in which such debtor may be to arrest him and bring him before such judge. Upon being brought before the judge he may be examined on oath and if it then appears that there is danger of the debtor's leaving the State and that he has property which he has unjustly refused to apply to such judgment, he may be ordered to enter into an undertaking, with one or more sureties, that he will from time to time attend before the judge as he shall direct and that he will not during the pendency of the proceedings dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to prison by warrant of the judge as for a contempt.

HISTORY: 1962 Code SECTION 10-1722; 1952 Code SECTION 10-1722; 1942 Code SECTION 746; 1932 Code SECTION 746; Civ. P. '22 SECTION 613; Civ. P. '12 SECTION 351; Civ. P. '02 SECTION 312; 1870 (14) 492 SECTIONS 318, 319; 1919 (31) 236.