South Carolina General Assembly
112th Session, 1997-1998

Bill 77


                    Current Status

Bill Number:                    77
Ratification Number:            53
Act Number:                     48
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970114
Primary Sponsor:                Holland 
All Sponsors:                   Holland and Giese
Drafted Document Number:        s-jud\holland\jud6002.dhh
Date Bill Passed both Bodies:   19970422
Date of Last Amendment:         19970415
Governor's Action:              S
Date of Governor's Action:      19970521
Subject:                        Magistrate courts, counterclaims,
                                civil jurisdiction limited not to
                                exceed five thousand dollars

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19970604  Act No. A48
------  19970521  Signed by Governor
------  19970515  Ratified R53
Senate  19970422  Concurred in House amendment,
                  enrolled for ratification
House   19970416  Read third time, returned to Senate
                  with amendment
House   19970415  Amended, read second time
House   19970409  Committee report: Favorable              25 HJ
House   19970212  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19970211  Read third time, sent to House
Senate  19970206  Amended, read second time
Senate  19970205  Committee report: Favorable with         11 SJ
                  amendment
Senate  19970114  Introduced, read first time,             11 SJ
                  referred to Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A48, R53, S77)

AN ACT TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S CONCURRENT CIVIL JURISDICTION, SO AS TO PROVIDE THAT A MAGISTRATE SHALL HAVE SUCH JURISDICTION IN ALL ACTIONS PROVIDED FOR IN THIS SECTION, WITH CERTAIN EXCEPTIONS, WHEN A FILED COUNTERCLAIM INVOLVES A SUM NOT TO EXCEED FIVE THOUSAND DOLLARS, AND TO CORRECT A REFERENCE TO REFLECT THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE; AND TO AMEND SECTION 22-3-30, RELATING TO TRANSFERRING A CLAIM AND COUNTERCLAIM FROM MAGISTRATE'S COURT TO THE COURT OF COMMON PLEAS IF A SUCCESSFUL COUNTERCLAIM WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, SO AS TO PROVIDE THAT WHEN A COUNTERCLAIM IS FILED WHICH IF SUCCESSFUL WOULD EXCEED THE MAGISTRATE'S CIVIL JURISDICTIONAL AMOUNT AS PROVIDED BY LAW, IT MUST BE TRANSFERRED TO THE COURT OF COMMON PLEAS.

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

Counterclaim jurisdictional amount increased, reference revised

SECTION 1. Section 22-3-10 of the 1976 Code, as last amended by Act 488 of 1994, is further amended to read:

"Section 22-3-10. Magistrates have concurrent civil jurisdiction in the following cases:

(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed five thousand dollars;

(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed five thousand dollars;

(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed five thousand dollars;

(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed five thousand dollars;

(5) in actions upon a bond conditioned for the payment of money, not exceeding five thousand dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;

(6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed five thousand dollars;

(7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;

(8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed five thousand dollars;

(9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed five thousand dollars;

(10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27;

(11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of five thousand dollars; and

(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed five thousand dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land."

Counterclaim jurisdictional amount increased

SECTION 2. Section 22-3-30 of the 1976 Code is amended to read:

"Section 22-3-30. When a counterclaim is filed which if successful would exceed the magistrates' civil jurisdictional amount as provided in Section 22-3-10, then the initial claim and counterclaim must be transferred to the docket of the common pleas court for that judicial circuit."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 21st day of May, 1997.