Free Microsoft Word - Affidavit _C&D_-- Hard Copy.dot - South Carolina

STATE 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. 3.

The property described above is being wrongfully withheld by the defendant, _______________________________. To the best knowledge of the plaintiff, the property is being withheld by the defendant because:

4. 5.

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). 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 My Commission expires __________________

Plaintiff (or his attorney or agent)

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:
SCCA/726 (Amended 05/2008)

Magistrate

SCCA/726 (Amended 05/2008)