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Offices |
NOTICE TO ALL LANDLORDS Beginning March 1, 2002, the Spartanburg Magistrate Court will follow a new procedure for posting for set-outs. In the past, we have allowed four weeks after the hearing date for the parties to resolve the matter. This has created many problems for our staff and constables and does not comply with South Carolina law. Writs must be issued within five days of the hearing date, excluding weekends. This means that writs must be issued by about 10:00 a.m. five days after the hearing date. Tenants must then be ejected on either of the first two Thursdays following the hearing date. Tenants not properly ejected by the second Thursday after the hearing date will not be set out. If fail to abide by this procedure, you will have to re-file and pay another filing fee. Hearing dates will not be changed without the approval of a Judge and no hearing dates will be changed within ten days of the original hearing date. The procedure for posting as of March 1, 2002 will be as follows: In order to have a tenant set out on the Thursday after the hearing date, the landlord must pay the $10.00 fee for the Writ of Ejectment either on the hearing date or by 3:00 p.m. on the Monday after the hearing date. When there is a Monday holiday, the fee must be paid by noon on the following Tuesday. In order to have a tenant set out on the second Thursday after the hearing date, the landlord must pay the fee for the Writ of Ejectment within five days of the hearing date. This means by 10:00 a.m. five days after the hearing date, excluding the weekend. If the hearing date is Friday, the fee must be paid by 10:00 a.m. the following Friday. All other procedures will remain the same. The only exceptions will be for holidays and inclement weather conditions.
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