Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 3107

                    Current Status

Bill Number:                      3107
Ratification Number:              200
Act Number:                       184
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010109
Primary Sponsor:                  Huggins
All Sponsors:                     Huggins, W.D. Smith, Knotts, Bingham
Drafted Document Number:          l:\council\bills\skb\18012som01.doc
Date Bill Passed both Bodies:     20020221
Date of Last Amendment:           20020213
Governor's Action:                U  Became law without signature of 
                                  Governor
Date of Governor's Action:        20020306
Subject:                          Magistrates, jurisdiction of interpleader 
                                  actions over claims of disputed real estate 
                                  earnest money; Courts, Property


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020311  Act No. A184
------  20020306  Unsigned, became law without
                  signature of Governor
------  20020227  Ratified R200
House   20020221  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20020219  Read third time, returned to House
                  with amendment
Senate  20020214  Read second time
------  20020214  Scrivener's error corrected
Senate  20020213  Amended
Senate  20020109  Minority report removed by
                  unanimous consent
------  20010510  Scrivener's error corrected
Senate  20010509  Committee report: majority             11 SJ
                  favorable, with amendment,
                  minority unfavorable
Senate  20010130  Introduced, read first time,           11 SJ
                  referred to Committee
House   20010126  Read third time, sent to Senate
House   20010125  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
------  20010125  Scrivener's error corrected
House   20010124  Co-Sponsor added (Rule 5.2) by Rep.            Knotts
                                                                 Bingham
House   20010124  Committee report: Favorable            25 HJ
House   20010109  Introduced, read first time,           25 HJ
                  referred to Committee
House   20001206  Prefiled, referred to Committee        25 HJ


              Versions of This Bill
Revised on January 24, 2001 - Word format
Revised on January 25, 2001 - Word format
Revised on May 9, 2001 - Word format
Revised on May 10, 2001 - Word format
Revised on February 13, 2002 - Word format
Revised on February 13, 2002-A - Word format
Revised on February 14, 2002 - Word format

(A184, R200, H3107)

AN ACT 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 SO AS TO PROVIDE 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 THE FEE FOR SUCH FILINGS, 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, AND TO DIRECT THE OFFICE OF COURT ADMINISTRATOR TO DESIGN APPROPRIATE LEGAL FORMS AND MAKE THESE FORMS AVAILABLE FOR JURISDICTION.

Be it enacted by the General Assembly of the State of South Carolina:

Magistrates civil jurisdiction

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;

(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."

Interpleader actions

SECTION 2. The 1976 Code is amended by adding:

"Section 22-3-25. (A) In compliance with Section 22-3-20(2) and Article 11 of this chapter, actions in the nature of interpleader arising from real estate contracts for the recovery of earnest money, in which the value of the money that 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. The fee for an action in the nature of interpleader filed in magistrates court is as provided in Section 8-21-1010(6) with service fees as provided by law.

(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) The Office of Court Administration must design appropriate legal forms for proceeding under this section and make those forms available for distribution."

Time effective

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.

Ratified the 27th day of February, 2002.

Became law without the signature of the Governor -- 3/6/02.

This web page was last updated on Tuesday, December 8, 2009 at 4:14 P.M.