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Bill 1146

                    Current Status

Bill Number:                      1146
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000210
Primary Sponsor:                  Branton
All Sponsors:                     Branton, Ravenel, Leatherman, Russell, 
                                  Grooms, McConnell, Peeler, Waldrep and Bauer
Drafted Document Number:          l:\s-jud\bills\branton\jud0093.wsb.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Magistrates, courts; civil jurisdictional 
                                  amount raised to ten thousand dollars


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000210  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THE JURISDICTIONAL AMOUNT FROM FIVE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS EFFECTIVE JULY 1, 2000.

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 48 of 1997, 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 ten 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 ten thousand dollars;

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

(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed five ten thousand dollars;

(5) in actions upon a bond conditioned for the payment of money, not exceeding five ten 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 ten 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 ten 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 ten 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 ten thousand dollars; and

(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed five ten 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. This act takes effect upon approval by the Governor.

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