Complaint For Claim And Delivery Consumer Credit Transaction

STATE OF SOUTH CAROLINA COUNTY OF RICHLAND ) ) ) ) ) ) ) __________________________ CIVIL CASE NUMBER IN THE MAGISTRATE'S COURT COMPLAINT FOR CLAIM & DELIVERY CONSUMER CREDIT TRANSACTION PLAINTIFF(S) Vs DEFENDANT(S) Plaintiff would show to the Court: 1. Defendant: is a resident of RICHLAND COUNTY, SC and Sec. 37-5-113 of the Consumer Protection Code requires a Complaint be filed in the county of a debtor's residence. does not reside in SC but a sale, lease of personal property, or loan was made to Defendant in RICHLAND COUNTY, and Sec. 37-5-113 of the Consumer Protection Code provides for a Complaint to be filed in the county in which the sale, lease, or loan was made. The personal property to be repossessed is located in RICHLAND COUNTY, SC. 2. Defendant incurred a debt by entering into a consumer credit transaction and to secure payment of the debt signed and granted a security interest in personal property purchased with the loan proceeds. The personal property is described as follows: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ and is located at (street address) ___________________________________________________. 3. Plaintiff is now the holder of the security interest and seeks to collect the debt by possessing the property and selling it as provided in the Uniform Commercial Code and Consumer Protection Code. Defendant has failed to comply with the terms of the consumer credit transaction and is in default of the debt owed Plaintiff in the amount of _____________________. The balance is determined as follows: __________________________________________________________________. After demand, Defendant without cause refuses to give up possession of the property that has an actual present value of ______________________ or to pay the debt, resulting in a monetary loss to Plaintiff. Defendant has damaged the property resulting in a loss of value other than ordinary depreciation. A Notice of Right to Cure: has been given Defendant who has failed to cure the default and bring payments current; OR default in payments is on the same debt on which a prior Notice of Right to Cure was given; OR was sent at least once in a 12 month period and involved an open-end credit transaction. American LegalNet, Inc. www.FormsWorkflow.com 4. 5. 6. 7. PLAINTIFF ASKS THE COURT FOR JUDGMENT AGAINST DEFENDANT AS FOLLOWS: for enforcement of Plaintiff's security interest by repossession of the property described in this Complaint and sale by Plaintiff as provided in the Uniform Commercial Code, Sec. 36-9-601 et seq. as amended. for a deficiency judgment, upon subsequent application to the Court, against Defendant-Debtor should a sale not bring an amount sufficient to satisfy the balance of the debt plus costs and expenses as provided in Sec. 37-5-103 and 36-9-608 as amended. for damages in the amount of ________________________ which is the present value of the property if possession cannot be had. upon repossession for damages, for loss of value due to damage to the property by Defendant. for punitive damages for wrongful withholding of the property by Defendant based on the provisions of Sec. 22-3-1460. for an Ex Parte Order Restraining Damage or Concealment of property pending a final trial as provided for in the attached Affidavit. for reasonable attorney fees as provided in the contract between Plaintiff and Defendant or otherwise as provided by law, plus costs of this action. Being duly sworn, Plaintiff(s), __________________________________________ 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 Magistrate or Notary _____________________________________ Signature of Plaintiff American LegalNet, Inc. www.FormsWorkflow.com