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Towing companies or storage facilities usually file for a Judicial Sale for abandoned property such as a vehicle, boat or trailer. The property must be abandoned for a period of 30 days and an effort must be made to contact the owner to remove the property. The purpose for this type of case is to receive permission from the court to sell the abandoned property and keep the proceeds of the sale to cover storage costs. Contact any one of our offices for more details.
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Magistrate courts handle claims valued at $7,500 or less. Common Pleas handles anything greater than $7,500.
When you come to any of our offices, you complete an information sheet that will briefly outline your complaint and any damages to which you believe you are entitled. Be sure to have the defendant’s physical address or a description of how to locate their premises, supporting documentation such as:
The court clerk will enter your information into the computer system and produce documents to sign for your particular case. Filing fees are due at the time of filing. Our most common fees are:
This is a list of our most common requests; you may obtain a complete list of fees from any one of our locations. See our court staff and directory for contact information.
One files civil cases in the county or state where the defendant lives or operates a business (if the claim is against the business itself). You may file civil suits against corporations in the county where they own property and operate their regular business. Within Georgetown County, there are magisterial districts that handle your case.
Please Note: If you are unsure where to go, you may contact the Georgetown office and they will direct you.
Once rendered and the proper time limit has expired, present a Transcript of Judgment to the Clerk of Court’s office, where you may exercise one of two options. You may pay a small filing fee to have the transcript placed on the defendant’s record or you may pay a slightly higher fee to obtain an execution order, then present it to the Sheriff’s Office in order to have property seized and sold for the judgment.
A landlord must give a minimum of five days written notice to the tenant regarding their failure to pay rent. Once the fifth day has been completed, the landlord may file an Order and Rule to Evict at the appropriate Magistrate’s Court, presenting at the time of filing, a copy of the eviction notice. The filing fee for this is $40. The defendant is served upon filing, and is then given 10 days to file a response and request a hearing. If the tenant fails to vacate the premises and does not ask for a hearing, the landlord must pay an additional $10 fee to file the actual Writ of Ejectment. The defendant is served the Writ of Ejectment and must vacate the premises within 24 hours. If the defendant fails to vacate the premises, the Sheriff’s Office will remove the defendant from the premises.
You may also complete Applications for Evictions for a violation of lease terms and conditions or if the term of tenancy or occupancy has expired. Contact the appropriate office for assistance in these matters where forms are available to follow the correct procedures.
A Claim and Delivery case is filed when a person wishes to repossess certain kinds of property. Most commonly, this is the result of a bad debt where the owner used property as collateral, such as automobiles, furniture, appliances, etc. In order to proceed, you must present to the court that you are entitled to the property by contract, bill of sale or entitlement. The account must be in default by at least ten days and a certified letter of Right to Cure should have been sent at least twenty days prior to making application to the court for this proceeding and a copy of that letter should be presented upon filing the case. The fee for this proceeding is $55.