South Carolina § 22-3-1360 - Notice and opportunity for preseizure hearing required; waiver.
Full text of South Carolina South Carolina Code of Laws § 22-3-1360 — Notice and opportunity for preseizure hearing required; waiver., with citation guidance and answers to common questions.
§ 22-3-1360. Notice and opportunity for preseizure hearing required; waiver.
No property shall be seized under the provisions of this article unless five days' notice and an opportunity to be heard have been afforded the party in possession as herein provided; provided, however, any person in possession of the personal property may waive the right to a preseizure hearing, if the waiver is conspicuously displayed in the contract and includes the wording "waiver of hearing prior to immediate possession." In order for the contractual waiver or any other waiver to be effective, the plaintiff by affidavit must show that the defendant has in writing by contract or separate written instrument voluntarily, intelligently and knowingly waived his right to a hearing prior to the repossession of such personal property. The magistrate may order immediate delivery of the property to the plaintiff upon receipt of such affidavit.
HISTORY: 1962 Code SECTION 43-185; 1972 (57) 3080.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 22-3-1360
What does South Carolina Code of Laws § 22-3-1360 cover?
Section 22-3-1360 ("Notice and opportunity for preseizure hearing required; waiver.") 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 § 22-3-1360?
A common citation format is "South Carolina Code of Laws § 22-3-1360" (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 § 22-3-1360 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.