S 0137 General Bill, By Land
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 15-3-160 so as to provide a procedure for demand of unliquidated damages in
 tort actions and to provide when interest may be recovered.

   09/17/90  Senate Prefiled
   09/17/90  Senate Referred to Committee on Judiciary
   01/08/91  Senate Introduced and read first time SJ-60
   01/08/91  Senate Referred to Committee on Judiciary SJ-61

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROVIDE A PROCEDURE FOR DEMAND OF UNLIQUIDATED DAMAGES IN TORT ACTIONS AND TO PROVIDE WHEN INTEREST MAY BE RECOVERED.

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

SECTION 1. Article 1, Chapter 3, Title 15 of the 1976 Code is amended by adding:

"Section 15-3-160. (A) Where a claimant has given written notice by registered or certified mail to a person against whom claim is made for unliquidated damages in a tort action and the person against whom the claim is made fails to pay that amount within thirty days from the mailing of the notice, the claimant is entitled to receive interest on the claimed sum if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum claimed.

(B) The written notice referred to in subsection (A) may be given on only one occasion and must specify that it is being given pursuant to this section.

(C) The interest provided for by this section is at the rate of twelve percent per annum and begins to run from the thirtieth day following the date of the mailing of the written notice until the date of judgment.

(D) Evidence or discussion of interest on liquidated damages, as well as evidence of the offer, may not be submitted to the jury. Interest must be made a part of the judgment upon presentation of evidence to the satisfaction of the court that this section has been complied with and that the verdict of the jury or the award by the judge trying the case without a jury is equal to or exceeds the amount claimed in the notice.

(E) This section may be cited as the 'Unliquidated Damages Interest Act'."

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