S.C. Code Ann. § 15-67-620
When warrant shall not be issued
Operative Text
If the person in possession shall, before the expiration of the five days, appear before such magistrate and satisfy him that he has a bona fide color of claim to the possession of such premises and enter into bond to the person claiming the land, with good and sufficient security, to be approved by the magistrate, conditioned for the payment of all such costs and expenses as the person claiming to be the owner of the land may incur in the successful establishment of his claim and also for any damages which the owner of the land may sustain by reason of the possession being withheld from him, by any of the modes of proceeding now provided by law, the magistrate shall not issue his warrant as provided in SECTION 15-67-610.
Under S.C. Code Ann. § 15-67-620, a person occupying property who has been served with an eviction notice has a window of five days to appear before a magistrate and assert a genuine, good-faith claim to the right of possession. If that person can satisfy the magistrate of such a claim and post a bond—backed by adequate security and approved by the magistrate—covering potential costs and damages the claiming owner might incur, the magistrate is barred from issuing the removal warrant that would otherwise be available under § 15-67-610. This provision essentially creates a procedural safeguard that pauses the summary eviction process when a legitimate dispute over possession exists and the occupant provides financial assurance.
Plain English — not legal advice.
Property owners and managers pursuing a summary ejectment action under South Carolina law should be aware that § 15-67-620 gives the occupant an opportunity, within five days, to halt the issuance of a removal warrant by appearing before the magistrate and posting an approved bond. A compliant and prepared landlord typically documents the basis of their ownership or right to possession clearly, so that any claim of 'bona fide color of claim' by the occupant can be evaluated against solid evidence. Operators generally keep records of lease agreements, title documents, and any prior notices so they are positioned to participate fully in the magistrate's review process if the occupant invokes this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 15-67-620 of the South Carolina Code gives a person in possession of property a meaningful procedural right: within five days of receiving notice, they may appear before the magistrate, assert a genuine claim to the right of possession, and post a bond with sufficient security to prevent the issuance of a removal warrant under § 15-67-610. Tenants or occupants who believe they have a legitimate basis for remaining on the premises—such as a disputed lease, ownership interest, or other legal claim—may find this provision relevant to their situation. Those considering this path generally consult a tenant-rights organization or legal aid office to understand what qualifies as 'bona fide color of claim' and what bond requirements may apply in their county.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.