Current Status Bill Number:845 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980114 Primary Sponsor:Passailaigue All Sponsors:Passailaigue, Reese, Mescher, Washington and Branton Drafted Document Number:res1509.elp Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Magistrates courts, civil jurisdiction raised to seven thousand five hundred dollars
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980114 Introduced, read first time, 11 SJ
referred to Committee
Senate 19971117 Prefiled, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL JURISDICTION IN MAGISTRATES' COURTS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT TO SEVEN THOUSAND FIVE HUNDRED DOLLARS FROM FIVE THOUSAND DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-10 of the 1976 Code is 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 seven thousand five hundred 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 seven thousand five hundred dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed five thousand seven thousand five hundred dollars;
(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed five thousand seven thousand five hundred dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding five thousand seven thousand five hundred 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 seven thousand five hundred 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 seven thousand five hundred 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 seven thousand five hundred 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 seven thousand five hundred dollars; and
(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed five thousand seven thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land."
SECTION 2. Upon approval by the Governor, this act takes effect July 1, 1998.