South Carolina § 22-3-1350 - Preseizure hearing; claim for immediate possession; action tried as others.
Full text of South Carolina South Carolina Code of Laws § 22-3-1350 — Preseizure hearing; claim for immediate possession; action tried as others., with citation guidance and answers to common questions.
§ 22-3-1350. Preseizure hearing; claim for immediate possession; action tried as others.
The purpose of the preseizure hearing is to protect the defendant's use and possession of property from arbitrary encroachment, and to prevent unfair or mistaken deprivations of property. If the magistrate shall, after conducting the hearing, find that the plaintiff's claim for immediate possession is probably valid and the defendant has no overriding right to continue in possession of the property, then the magistrate may allow the claim for immediate possession and endorse the affidavit accordingly.
Whether the claim for immediate possession is allowed or not, the action commenced by the service of the summons shall be tried in all respects as other actions are tried in the magistrates' courts.
HISTORY: 1962 Code SECTION 43-181; 1952 Code SECTION 43-181; 1942 Code SECTION 263; 1932 Code SECTION 263; Civ. P. '22 SECTION 219; Civ. P. '12 SECTION 86; Civ. P. '02 SECTION 77; 1870 (14) 80; 1972 (57) 3080.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 22-3-1350
What does South Carolina Code of Laws § 22-3-1350 cover?
Section 22-3-1350 ("Preseizure hearing; claim for immediate possession; action tried as others.") 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 § 22-3-1350?
A common citation format is "South Carolina Code of Laws § 22-3-1350" (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 § 22-3-1350 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.