Affidavit And Complaint
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1
2STATE OF SOUTH CAROLINA
)
)
CIVIL CASE NUMBER
COUNTY OF ___________________________
)
)
IN THE MAGISTRATE’S COURT
________________________________________
)
PLAINTIFF(S) )
)
VS.
)
AFFIDAVIT AND COMPLAINT
)
(Claim & Delivery)
________________________________________
)
DEFENDANT(S) )
Plaintiff, ________________________ personally appearing before me, who being duly sworn, states the following:
1.
The plaintiff is the owner, or is entitled to possession, of the property described below. (Give detailed description of
each item):
2.
The property described above is being wrongfully withheld by the defendant, _______________________________.
3.
To the best knowledge of the plaintiff, the property is being withheld by the defendant because:
4.
The property was/was not (circle one) taken from the ownership or possession of the plaintiff due to any tax, fine or
assessment (and if so seized, it should not have been by virtue of its exempt status).
5.
The actual value of the above described property is: (Itemize and give total if more than one item involved.)
*TOTAL $_____________.
That this amount has been determined in the following manner, to wit:
______________________________________________________________________________________________
______________________________________________________________________________________________
6.
That the Notice of Right to Cure as required by Section 37-5-110 and Section 37-5-111, Code of laws of South
Carolina, 1976, as amended, has been given on ________________________ (is not required).
DATED: ______________________________________
Sworn to before me,
)
this
day of
,
2
.
)
)
)
Magistrate or Notary Public for South Carolina
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Plaintiff (or his attorney or agent)
)
My Commission expires
__________________
)
FOR COURT USE ONLY
ENDORSEMENT OF DISPOSSESSION
Based upon the showing of plaintiff made by affidavit and:
(
”hearing held and date" or
"no other")
____________________________________
the court hereby directs the constable to immediately take possession of the above described personal property from the
defendant and to:
retain protective possession of the personal property until otherwise instructed by the Court.
deliver possession of the personal property to ______________________________________________________
IT IS SO ORDERED.
Dated:
Magistrate
SCCA/726 (Amended 05/2008)
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