S.C. Code Ann. § 15-67-640
Right to appeal; injunction; time of issuing warrant
Operative Text
Either party to these proceedings shall have the right of appeal. The magistrate shall not issue his warrant until the expiration of five days after he announces his decision, and in the meantime the defendant may apply for an injunction, as in other cases, upon giving the bond required by SECTION 15-67-620, restraining the execution of such warrant pending the determination of his appeal by the circuit court.
Under S.C. Code Ann. § 15-67-640, both the landlord and the tenant involved in a magistrate's court eviction proceeding have the right to appeal the magistrate's decision. The magistrate is required to wait at least five days after announcing a ruling before issuing an eviction warrant, creating a window during which the losing party may seek relief. During that window, the defendant may apply to a court for an injunction—backed by the bond described in § 15-67-620—to pause execution of the warrant while an appeal works its way through the circuit court.
Plain English — not legal advice.
Under S.C. Code Ann. § 15-67-640, a compliant landlord or property manager understands that even after winning a magistrate's ruling, the eviction warrant cannot be issued for at least five days. Operators generally account for this mandatory waiting period in their timelines and recognize that the tenant may seek an injunction during that interval, which could further delay execution of the warrant. Familiarity with the bond requirement referenced in § 15-67-620 helps operators anticipate the procedural steps that may follow a magistrate's decision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 15-67-640 gives tenants the right to appeal a magistrate's eviction ruling, and the five-day delay before a warrant can issue is specifically designed to allow time to pursue that option. A tenant who wishes to pause the warrant while an appeal is pending may apply to the court for an injunction, provided the bond required under § 15-67-620 is posted. Tenant-rights organizations and legal aid offices can help explain what the appeal process and injunction procedure generally involve under this provision.
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.
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