S 0427 General Bill, By M.T. Rose
 A Bill to amend Section 22-3-10, Code of Laws of South Carolina, 1976,
 relating to magistrates, so as to increase their civil jurisdiction from two
 thousand five hundred dollars to five thousand dollars, to provide that this
 amount excludes costs, attorney's fees, or statutory doubling of trebling or
 damages, and to include common law landlord tenant causes of action within the
 jurisdiction of magistrates; and to amend Section 22-3-30, relating to
 counterclaims in magistrates' court requiring transfer to the court of common
 pleas, so as to increase the amount requiring transfer from two thousand five
 hundred dollars to five thousand dollars.

   01/09/91  Senate Introduced and read first time SJ-24
   01/09/91  Senate Referred to Committee on Judiciary SJ-24

A BILL

TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CIVIL JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS, TO PROVIDE THAT THIS AMOUNT EXCLUDES COSTS, ATTORNEY'S FEES, OR STATUTORY DOUBLING OR TREBLING OF DAMAGES, AND TO INCLUDE COMMON LAW LANDLORD TENANT CAUSES OF ACTION WITHIN THE JURISDICTION OF MAGISTRATES; AND TO AMEND SECTION 22-3-30, RELATING TO COUNTERCLAIMS IN MAGISTRATES' COURT REQUIRING TRANSFER TO THE COURT OF COMMON PLEAS, SO AS TO INCREASE THE AMOUNT REQUIRING TRANSFER FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO 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. (A) 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 two five 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 two five thousand five hundred dollars;

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

(5) in actions upon a bond conditioned for the payment of money, not exceeding two five 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 an action upon a surety bond taken by them, when the penalty or amount claimed does not exceed two five thousand five hundred dollars;

(7) in any an action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by Section 15-35-190;

(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 two five thousand five hundred dollars;

(9) in any an action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed two five 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 and all common law causes of action which otherwise could be brought under these chapters; and

(11) in any an 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 two five thousand five hundred dollars.

(B) In determining jurisdiction the amounts stated in subsection (A) of this section do not include costs, attorney's fees, or statutory doubling or trebling of damages."

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

"Section 22-3-30. (A) When a counterclaim is filed which if successful would exceed two five thousand five hundred dollars, then the initial claim and counterclaim must be transferred to the docket of the common pleas court for that judicial circuit.

(B) In determining jurisdiction over a counterclaim the amounts stated in subsection (A) of this section do not include costs, attorney's fees, or statutory doubling or trebling of damages."

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