Basic Affidavit For Consumer Credit

STATE OF SOUTH CAROLINA COUNTY OF RICHLAND ) ) ) ) ) _______________________________ CIVIL CASE NUMBER IN THE MAGISTRATE'S COURT AFFIDAVIT FOR DELIVERY OF PERSONAL PROPERTY (CONSUMER CREDIT TRANSACTION) PLAINTIFF(S) Vs DEFENDANT(S) Personally appeared ___________________________________________ who being duly sworn states: Plaintiff has filed a Complaint with this Court for repossession and sale of property covered by a security transaction given to secure a debt incurred in a consumer credit transaction. As provided by Section 22-31320, SC Code of Laws, Plaintiff is entitled to immediate possession of the personal property described below as the holder of the security interest. The secured property is described as follows: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Defendant(s) has defaulted in payment of the debt incurred to purchase the property subject to the security interest as required by the purchase agreement between Plaintiff and Defendant(s). A Notice to Cure was given Defendant(s) as required by Section 37-5-110 and Defendant(s) has failed to cure the nonpayment and to bring the payments current as required by the purchase agreement. Plaintiff has requested Defendant(s) to voluntarily surrender possession of the collateral and Defendant(s) refuses to do so. Plaintiff has also attempted to take possession of the property without the use of force or breach of the peace but Defendant(s) has interfered and hindered Plaintiff's efforts. By refusal to cure nonpayment of the debt and by refusal to relinquish possession of the property peaceably, Defendant(s) is in wrongful possession of the secured collateral. The cause of Defendant's detention or withholding of the collateral is an intentional violation of the purchase contract. The personal property has not been taken for any tax, fine or assessment, pursuant to statute or seized by virtue of an execution or attachment against the property or, if so seized, it is exempt from such seizure by statute. The actual present value of the property is $ __________________________. Sworn to and subscribed before me __________, 20____ _________________________________ Signature of Plaintiff(s) _______________________________________ Signature of Judge or Notary Public My Commission Expires: __________________ American LegalNet, Inc. www.USCourtForms.com