Complaint For Immediate Claim And Delivery (Ownership Claimed)

STATE OF SOUTH CAROLINA COUNTY OF RICHLAND ) ) ) ) ) _________________________________ CIVIL CASE NUMBER IN THE MAGISTRATE'S COURT COMPLAINT FOR IMMEDIATE CLAIM & DELIVERY (OWNERSHIP CLAIMED) PLAINTIFF(S) Vs DEFENDANT(S) Plaintiff would show to the Court that s/he is the owner of certain property now in the possession of Defendant(s) who has refused to return or relinquish possession of the property after demand. Plaintiff is entitled to pre-trial possession of the property because: Plaintiff has posted a Surety Bond for double the value of the property. Plaintiff has filed an Affidavit of Danger of Destruction or Concealment. As owner of property, Plaintiff's claim for pre-trial delivery is authorized by Sec. 22-3-1320, SC Code of Laws. Plaintiff, _____________________________________, being duly sworn states: 1-I am the owner of the personal property described as: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 2-This property is wrongfully withheld or detained by Defendant(s) after I have demanded return of the property to me. 3-The cause of such detention or withholding by Defendant(s), to the best of my knowledge, is ______ _________________________________________________________________________________ ________________________________________________________________________________. 4-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. 5-The actual value of the personal property is $_________________________. American LegalNet, Inc. www.USCourtForms.com PLAINTIFF ASKS THE COURT: 1-To issue an ex-parte Order for pre-trial seizure of the property on the basis of my Affidavit of Danger of Destruction or Concealment and have the property held in protective custody pending a final trial on the issue of permanent possession. 2-Issue a Notice of Right to Post-Seizure Hearing and Summons and have a copy of each document served on Defendant(s) with the ex-parte Order and this Complaint. Being duly sworn, Plaintiff, ______________________________, personally appeared before me and stated that s/he is the Plaintiff in this action; that s/he has read the Complaint, and that the facts are true of his/her own knowledge except those matters and things alleged upon information and belief and as to those s/he believes to be true. Sworn to and subscribed before me ____________, 20______ _____________________________ Signature of JUDGE or Notary My Commission Expires: ________ _____________________________________ Signature of Plaintiff American LegalNet, Inc. www.USCourtForms.com COURT ORIGINAL DEFENDANT'S COPY ORDER OF SEIZURE The Sheriff, his Deputy or Constable shall take IMMEDIATE possession of the personal property described in the Complaint in this action. Plaintiff, at his/her own expense, shall provide for the removal and storage of the property under the supervision and direction of the Deputy/Constable who shall retain protective custody and possession of the property pending further Order of this Court. At the time of Seizure of the property, the Deputy/Constable shall personally serve upon the Defendant, a copy of this Order, Summons, Complaint, Affidavit, Bond and Notice of Right to Except to Sureties and Right to Post Bond to regain possession. The Deputy/Constable shall make a return of service of this Order as soon as possible to this Court with information concerning the property seized and information concerning the storage, location and security of the property seized. AFFIDAVIT OF SERVICE PERSONALLY APPEARED BEFORE ME __________________________________________ WHO, BEING DULY SWORN, SAYS THAT, ON THE_____ DAY OF ________________ 20____ S/HE SERVED ____________________________ THE DEFENDANT WITHIN NAMED, THE SUMMONS AND COMPLAINT AND OTHER DOCUMENTS IN THIS ACTION, BY DELIVERING COPIES THEREOF TO ________________________________________ PERSONALLY, AND LEAVING THE SAME WITH ____________________________________ AT _______________________________________ THE PLACE OF RESIDENCE/WORK/OTHER OF SAID DEFENDANT AND DEPONENT IS NOT A PARTY TO THE ACTION. _________________________________________ DEPUTY SHERIFF/CONSTABLE/PROCESS SERVER _________________________________________ DATE STATE OF SOUTH CAROLINA COUNTY OF RICHLAND IN THE MAGISTRATE'S COURT CLAIM AND DELIVERY _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ PLAINTIFF(S) VS _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ DEFENDANT(S) Trial will be scheduled approximately 30 days from date of service. You will be notified by mail as to the date and time for trial. AND IT IS SO ORDERED: DATE JUDGE American LegalNet, Inc. www.USCourtForms.com