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H. 4429
STATUS INFORMATION
General Bill
Sponsors: Rep. Gilliard
Document Path: l:\council\bills\agm\18779cz16.docx
Introduced in the House on January 12, 2016
Currently residing in the House Committee on Judiciary
Summary: Creditor's right to take possession upon default
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/3/2015 House Prefiled
12/3/2015 House Referred to Committee on Judiciary
1/12/2016 House Introduced and read first time (House Journal-page 63)
1/12/2016 House Referred to Committee on Judiciary
(House Journal-page 63)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 37-5-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CREDITOR'S RIGHT TO TAKE POSSESSION UPON DEFAULT BY A CONSUMER, SO AS TO ESTABLISH THAT A CREDITOR ONLY MAY TAKE POSSESSION OF A MOTOR VEHICLE DURING DAYLIGHT HOURS AND TO DEFINE DAYLIGHT HOURS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 37-5-112 of the 1976 Code is amended to read:
"Section 37-5-112. (A) Upon default by a consumer with respect to a consumer credit transaction, unless the consumer voluntarily surrenders possession of the collateral or rented property to the creditor, the creditor may take possession of the collateral or rented property without judicial process only if possession can be taken without entry into a dwelling used as a current residence and without the use of force or other breach of the peace.
(B) The creditor only may take possession of a motor vehicle during daylight hours. Daylight hours must begin at 6 a.m. and must end at 6 p.m. during Eastern Standard Time and at 8 p.m. during daylight saving time."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on
January 13, 2016 at 1:05 PM