S*77 Session 112 (1997-1998)
S*0077(Rat #0053, Act #0048 of 1997) General Bill, By Holland and Giese
A BILL 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.-AMENDED TITLE
01/14/97 Senate Introduced and read first time SJ-110
01/14/97 Senate Referred to Committee on Judiciary SJ-110
02/05/97 Senate Committee report: Favorable with amendment
Judiciary SJ-9
02/06/97 Senate Amended SJ-16
02/06/97 Senate Read second time SJ-16
02/11/97 Senate Read third time and sent to House SJ-15
02/12/97 House Introduced and read first time HJ-14
02/12/97 House Referred to Committee on Judiciary HJ-15
04/09/97 House Committee report: Favorable Judiciary HJ-10
04/15/97 House Amended HJ-31
04/15/97 House Read second time HJ-32
04/16/97 House Read third time and returned to Senate with
amendments HJ-30
04/22/97 Senate Concurred in House amendment and enrolled SJ-27
05/15/97 Ratified R 53
05/21/97 Signed By Governor
05/21/97 Effective date 05/21/97
06/03/97 Copies available
06/03/97 Act No. 48
(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. |