Current Status Bill Number:3486 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970219 Primary Sponsor:Fleming All Sponsors:Fleming, Inabinett, Clyburn, Klauber, Cotty and McMaster Drafted Document Number:dka\4032mm.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Magistrate courts, counterclaim, civil jurisdiction limited not to exceed five thousand dollars
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970219 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENT OF A MAGISTRATE'S CIVIL JURISDICTION, AND SECTION 22-3-30, RELATING TO COUNTERCLAIMS IN MAGISTRATE'S COURT, SO AS TO LIMIT A MAGISTRATE'S CIVIL JURISDICTION TO A COUNTERCLAIM INVOLVING A SUM NOT TO EXCEED 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, 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 Section 15-35-190 the South Carolina Rules of Civil Procedures;
(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; 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 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."
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 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, except as provided in Section 22-3-10(12)."
SECTION 3. This act takes effect upon approval by the Governor.