South Carolina § 22-3-1440 - Return of property to defendant.
Full text of South Carolina South Carolina Code of Laws § 22-3-1440 — Return of property to defendant., with citation guidance and answers to common questions.
§ 22-3-1440. Return of property to defendant.
At any time before the return day of the summons the defendant may, if he has not excepted to the plaintiff's sureties, require the return of the property to him upon giving to the plaintiff and filing with the magistrate a written undertaking, with one or more sureties who shall justify before the magistrate on the return day of the summons to the effect that they are bound in double the value of the property, as stated in plaintiff's affidavit, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant. If such return be not required before the return day of the summons the property shall be delivered to the plaintiff.
HISTORY: 1962 Code SECTION 43-179; 1952 Code SECTION 43-179; 1942 Code SECTION 257; 1932 Code SECTION 257; Civ. P. '22 SECTION 213; Civ. P. '12 SECTION 80; Civ. P. '02 SECTION 71; 1870 (14) 74; 1879 (17) 28; Const. Art. 5, SECTIONS 20, 21.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 22-3-1440
What does South Carolina Code of Laws § 22-3-1440 cover?
Section 22-3-1440 ("Return of property to defendant.") 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 § 22-3-1440?
A common citation format is "South Carolina Code of Laws § 22-3-1440" (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 § 22-3-1440 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.