Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
January 24, 2001
H. 3107
S. Printed 1/24/01--H. [SEC 1/25/01 3:23 PM]
Read the first time January 9, 2001.
To whom was referred a Bill (H. 3107), to amend Section 22-3-10, as amended, Code of Laws of South Carolina, 1976, relating to the civil jurisdiction of magistrates, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES H. HARRISON, for Committee.
TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES HAVE CONCURRENT JURISDICTION OF INTERPLEADER ACTIONS FILED OVER CLAIMS OF DISPUTED REAL ESTATE EARNEST MONEY; AND TO ADD SECTION 22-3-15 PROVIDING, NOTWITHSTANDING ANY RULE OF COURT OR PROVISION OF LAW, THAT INTERPLEADER ACTIONS ARISING FROM REAL ESTATE EARNEST MONEY DISPUTES WHICH DO NOT EXCEED THE JURISDICTIONAL LIMIT OF MAGISTRATES COURT MAY BE FILED IN THAT COURT, TO PROVIDE SUBSTANTIALLY THE FORM AND WORDING OF THE INTERPLEADER PLEADING TO BE USED IN REAL ESTATE EARNEST MONEY DISPUTES IN MAGISTRATES COURT, AND TO PROVIDE THAT THE FAILURE OF A COMPETING CLAIMANT TO RECOVER IN AN INTERPLEADER ACTION MUST NOT BE CONSIDERED A JUDGMENT AGAINST THE CLAIMANT OR USED TO IMPAIR THE CREDIT OF THE CLAIMANT.
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 226 of 2000, 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 seven 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 seven thousand five hundred dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven 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 seven thousand five hundred dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding seven 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 seven 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 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 seven 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 seven 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;
(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 seven thousand five hundred dollars; and
(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land.; and
(13) in interpleader actions arising from real estate contracts for the recovery of earnest money, only if the sum claimed does not exceed seven thousand five hundred dollars."
SECTION 2. The 1976 Code is amended by adding:
"Section 22-3-15. (A) Notwithstanding any rule of court or provision of law to the contrary, actions in the nature of interpleader, in which the value of the money which is the subject of the action does not exceed the jurisdictional limit of the magistrates court, may be filed in magistrates court under the provisions of this section. Any such action involving money in the custody or possession of a person acting in the capacity of a real estate broker may be filed on forms as described in subsection (C)(1) and (2).
(B) The failure of a competing claimant to recover in an interpleader action must not be considered as a judgment against the claimant, and must not be used to impair the credit of the claimant.
(C)(1) The pleading in an interpleader action in magistrates court must be substantially in the following form:
_________________
Plaintiff
v.
_________________
Defendant Magistrates Court No.__
_________________
Defendant
State of South Carolina
County of __________
_________, being duly sworn, deposes and says:
_________, the defendant, resides at ____________, in the above-named county and the mailing address of the defendant is ______.
_________, the defendant, resides at ____________, in the above- named county and the mailing address of the defendant is ______.
The plaintiff has custody or possession of money in the amount of $_________, held pursuant to the following:
Plaintiff has no interest in this money. The defendants claim or may claim to be entitled to such money; the defendants' claims to this money are adverse.
The Plaintiff deposits into the court $_____, which equals the amount of the money to be invested in accordance with the order of the court and will abide with the judgment of the court as to the final disposition thereof, and therefore, requests to be dismissed from this action.
__________________________
Plaintiff
Subscribed to and sworn before me this the ____day of _________, 20___.
__________________________
NOTARY PUBLIC
My Commission expires: _____
(2) An order in an interpleader action in magistrates court must be substantially in the following form:
_______________
Plaintiff
v.
Magistrates Court No.__
_______________
Defendant
_______________
Defendant
To each of the within named defendants:
You are hereby directed to appear and answer the foregoing claim and to have with you all books, papers, and witnesses needed by you to establish your claim to such money. This matter shall be heard on the ___ day of _________, 20____, at ____ o'clock _. m.
Be advised that failure to appear may result in a judgment adverse to your interests which would determine or foreclose your claim to the above-described money as well as the disposition of the money, and for the costs of this action.
Enter this the ___day of _________, 20____.
_______________________"
SECTION 3. This act takes effect January 1, 2002, and applies to all interpleader actions filed pursuant to this act on or after that date.
This web page was last updated on Thursday, June 25, 2009 at 2:10 P.M.