Bill 2752

                    Current Status

Bill Number:               2752
Ratification Number:       811
Act Number                 681
Introducing Body:          House
Subject:                   Relating to magistrates' civil
                           jurisdiction

(A681, R811, H2752)

AN ACT TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE JURISDICTIONAL AMOUNT IN MAGISTRATES' COURT CASES FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS, TO PROVIDE THAT CIVIL JURISDICTION IN MAGISTRATES' COURT IS CONCURRENT JURISDICTION, AND TO DELETE THE CIVIL JURISDICTION OF MAGISTRATES IN CASES OF BASTARDY.

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

Concurrent civil jurisdiction

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 two 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 thousand five hundred dollars;

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

(5) in actions upon a bond conditioned for the payment of money, not exceeding two 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 two 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 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 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 two 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

(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 two thousand five hundred dollars."

Time effective

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