South Carolina General Assembly
108th Session, 1989-1990

Bill 3883

                    Current Status

Bill Number:               3883
Ratification Number:       373
Act Number                 340
Introducing Body:          House
Subject:                   Relating to the sale of secured
                           property
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A340, R373, H3883)

AN ACT TO AMEND SECTION 36-9-319, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF SECURED PROPERTY WITHOUT CONSENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO INCREASE THE MONETARY PENALTY FOR VIOLATION AND TO INCREASE THE DOLLAR AMOUNT OF THE VALUE OF THE PROPERTY WHICH MAKES THE OFFENSE TRIABLE IN MAGISTRATE'S COURT.

Be it enacted by the General Assembly of the State of South Carolina:

Penalties increased and court jurisdiction revised

SECTION 1. Section 36-9-319 of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:

"Section 36-9-319. Notwithstanding Section 36-9-311, any person who sells or disposes of any personal property subject to a security interest, except for personal property titled by the South Carolina Department of Highways and Public Transportation or the Boating Division of the South Carolina Wildlife and Marine Resources Department, without the written consent of the secured party, and fails to pay the debt secured by the security interests within ten days after sale or disposal or fails in this time to deposit the amount of the debt with the clerk of the court of common pleas for the county in which the secured party resides is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.

This section does not apply when the sale is made without knowledge or notice of the security interest by the person selling the property. When the value of the property is less than two thousand five hundred dollars, the offense is triable in the magistrate's court and the punishment must be not more than is permitted by law without presentment or indictment by the grand jury. Otherwise, the offense is triable in the court of general sessions."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 27th day of February, 1990.