Current Status Bill Number:
77Ratification Number: 53Act Number: 48Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19970114Primary Sponsor: HollandAll Sponsors: Holland and GieseDrafted Document Number: s-jud\holland\jud6002.dhhDate Bill Passed both Bodies: 19970422Date of Last Amendment: 19970415Governor's Action: SDate of Governor's Action: 19970521Subject: Magistrate courts, counterclaims, civil jurisdiction limited not to exceed five thousand dollars
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19970604 Act No. A48 ------ 19970521 Signed by Governor ------ 19970515 Ratified R53 Senate 19970422 Concurred in House amendment, enrolled for ratification House 19970416 Read third time, returned to Senate with amendment House 19970415 Amended, read second time House 19970409 Committee report: Favorable 25 HJ House 19970212 Introduced, read first time, 25 HJ referred to Committee Senate 19970211 Read third time, sent to House Senate 19970206 Amended, read second time Senate 19970205 Committee report: Favorable with 11 SJ amendment Senate 19970114 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(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."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 21st day of May, 1997.