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Commonly Asked Questions about Claim and Delivery Legal Forms

You will need to draft a complaint in which you detail what personal property you had taken, why you have a right to that property, and how it was taken. Your lawyer can help you make sure you provide the appropriate number of details and that your paperwork is filed clearly and correctly.
A Claim and Delivery differs from a Writ of Attachment. The purpose of a Claim and Delivery is to recover personal property being unlawfully detained rather than securing property for the payoff of a possible judgment.
South Carolina Small Claims Court Explained The state does not have a small claims court. Instead, the Magistrate Courts have jurisdiction over certain civil claims that do not exceed $7,500. Along with the jurisdictional limit of $7,500, the Magistrate Courts have concurrent jurisdiction over specific civil claims.
Parties instituting a Small Claims action are required to pay the filing fee at the time the case is filed. The current fee is $80.
You must describe the property youre seeking replevin for, its value, location, and other facts that support your claim. You will then obtain a writ of replevin document that you can use to repossess the property or ask for payment from the person who has not returned the property.
A Claim and Delivery differs from a Writ of Attachment. The purpose of a Claim and Delivery is to recover personal property being unlawfully detained rather than securing property for the payoff of a possible judgment. Claim Delivery | Riverside County Sheriff, CA riversidesheriff.org Claim-Delivery riversidesheriff.org Claim-Delivery
3.105. Rule 3.105 - Claim and Delivery (A) Nature of Action; Replevin. Claim and delivery is a civil action to recover (1) possession of goods or chattels which have been unlawfully taken or unlawfully detained, and (2) damages sustained by the unlawful taking or unlawful detention.
JURISDICTION: Magistrates Court has a jurisdictional limit of $7,500.00 or less. If you wish to claim more than that amount, you should contact an attorney. FILING: The filing fee is $80.00, which includes a $10.00 service fee.