S.C. Code Ann. § 27-39-240
Enforcement of distress warrant
Operative Text
The officer to whom a distress warrant is delivered, after the predistress hearing, shall forthwith demand of the tenant payment of the rent with costs as enumerated in the distress warrant. If such amount is paid the officer shall return the warrant with the amount collected to the magistrate who shall settle with the landlord. If the tenant fails or refuses to pay such rent with costs the officer shall distrain sufficient of the property upon the rented premises to pay such amount, giving the tenant a list in writing of the property distrained together with a copy of the distress warrant.
Under S.C. Code Ann. § 27-39-240, once a distress warrant has been issued and a predistress hearing has been held, a law enforcement officer is required to demand that the tenant pay the overdue rent and associated costs listed in the warrant. If the tenant pays in full, the officer returns the warrant and collected funds to the magistrate, who then settles the account with the landlord. If the tenant does not pay, the officer is authorized to seize enough of the tenant's property located on the rented premises to satisfy the amount owed, and must provide the tenant with a written list of the seized property along with a copy of the distress warrant.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-39-240, landlords who have obtained a distress warrant through the proper predistress hearing process can expect the serving officer to demand payment from the tenant on their behalf. If the tenant pays, the magistrate handles the settlement directly with the landlord, so compliant operators generally keep accurate records of all rent owed and costs enumerated in the warrant to facilitate a smooth accounting. If the tenant does not pay, the officer proceeds with distraining property on the rented premises, and landlords typically maintain documentation of the warrant and any subsequent proceedings for their records.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-39-240 establishes that after a predistress hearing, a tenant has an opportunity to pay the rent and costs stated in the distress warrant before any property is seized. If a tenant cannot or does not pay, the officer may take enough property from the rented premises to cover the amount owed, but is required to give the tenant a written inventory of what was seized along with a copy of the distress warrant. Tenants who believe the warrant was improperly issued or that the amounts listed are incorrect may wish to consult a tenant-rights organization or legal aid service to understand what options exist under South Carolina law.
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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