S.C. Law For Lawyers on Claim and Delivery of Household Goods in Magistrate Court
This slide presentation details the law in S.C. that applies when a finance company files a clam and delivery case seeking a pick up order for household goods that were pledged as collateral.
Important to note:
1. Most often, these cases are filed by an employee of the finance company, not a lawyer. Before proceeding, get a copy of a current non-lawyer authorization for the person who signed the Affidavit and Complaint AND the one who comes to court to present the case. The proper form is found on the Court Administration website at www.sccourts.org
2. The defendant is entitled to a jury trial ( if requested 5 days before the scheduled hearing).
3. The plaintiff can only get a pick up order for property that is:
-- listed on both the current loan documents AND the Affidavit and Complaint
-- in defendant's possession (defendants often throw or give the property away because it is useless, old and/or broken)
4. If the defendant no longer has a particular item of property and hasn't sold it, the plaintiff can only get a money judgment for the current actual value of the property-- not the value the plaintiff listed for the property on the loan papers. See "Property List" for discussion of how to address property valuation.