South Carolina Repo Affidavit: Form 4034, Bond, and Filing

A South Carolina repo affidavit is a sworn statement a creditor files under the state’s Claim and Delivery statute (Title 15, Chapter 69) asking the court to send the sheriff to seize collateral from a borrower who has defaulted. It’s the court-based alternative to self-help repossession, and it has five specific contents the statute requires plus a bond equal to twice the property’s value. A separate DMV document, Form 4034, is also sometimes called a repo affidavit, but it does a different job: it transfers title after the vehicle has already been recovered.

When You Actually Need the Affidavit

Most vehicle repossessions in South Carolina never involve a court or an affidavit at all. Under South Carolina Code Section 36-9-609, a secured creditor can take the collateral after default without filing anything, as long as the repossession happens without a breach of the peace.¹ A repo agent can hook up a car at the curb in the middle of the night with no paperwork from a judge.

The affidavit becomes necessary when self-help stops being an option. That typically means one of three situations: the debtor has hidden the collateral, the debtor refuses to turn it over, or a confrontation at the scene forces the repo agent to back off. In consumer transactions, a repo agent cannot enter a home used as a residence and cannot use force. If any of those lines gets crossed, the creditor’s remedy is to file under Title 15, Chapter 69 and let the sheriff do the taking.²

The Five Things the Affidavit Must Swear To

Section 15-69-30 lists exactly what the plaintiff (or someone on the plaintiff’s behalf) must swear to in the affidavit:²

That the plaintiff owns the property or has a right to possess it through a special interest such as a lien, along with the facts supporting that right. For a vehicle, this usually means pointing to the security agreement and the default.
That the defendant is wrongfully holding the property.
The plaintiff’s best understanding of why the defendant is refusing to surrender it.
That the property has not been seized for a tax, assessment, or fine, or under an execution or attachment against the plaintiff.
The property’s actual value. This figure drives which court hears the case and sets the bond amount.

For a motor vehicle, the description should include year, make, model, VIN, and license plate. The South Carolina Judicial Branch publishes a standardized Claim and Delivery form (SCCA 726) with fields for each requirement.³ The affidavit must be sworn before a notary public or a magistrate.

The Doubled-Value Bond

Filing the affidavit does not get the sheriff moving on its own. Before the sheriff will act, the plaintiff has to post a written undertaking in double the stated value of the property.⁴ The bond covers two risks: returning the property if the plaintiff ultimately loses, and paying the defendant for any depreciation during the case.

A $15,000 vehicle requires sureties willing to back a $30,000 undertaking, and the sheriff must approve those sureties before accepting the bond. Without that step, no endorsement for immediate possession goes on the affidavit, and the defendant keeps the property until the case is resolved.

Where to File and What It Costs

The value you stated in the affidavit decides the court. Property valued at $7,500 or less goes to Magistrate’s Court in the county where the property or the defendant is located.⁵ Anything above $7,500 goes to the Clerk of Court in Circuit Court.

Fees run around $80 to $90 in Magistrate’s Court once filing, service, and statutory surcharges are added. Circuit Court charges $150 for new civil cases.⁶ Some counties take electronic filings; others require you to walk the paperwork into the courthouse. Bring enough copies for the court file and for service.

Service and the Defendant’s Five-Day Window

Once the affidavit is filed and the bond posted, the sheriff serves the defendant with the affidavit, a notice of the right to a preseizure hearing, and a copy of the undertaking. Section 15-69-60 puts this duty on the sheriff personally, with service going to the defendant, the defendant’s agent, or, if neither can be found, a person of suitable age at the defendant’s home.²

The defendant then has five days to demand a preseizure hearing in writing to the clerk. The hearing lets the defendant challenge whether the plaintiff really has a right to immediate possession, so the defendant doesn’t lose use of the property based on nothing but one party’s sworn word.⁷ If the five days pass with no demand, or the judge rules for the plaintiff at the hearing, the clerk or judge endorses the affidavit directing the sheriff to seize the property.⁴

The defendant can also block delivery by posting a counter-bond and challenging the plaintiff’s sureties under Sections 15-69-90 through 15-69-110. The five-day window is strict, so a defendant who wants to fight has to move fast.

DMV Form 4034: The Repo Affidavit for Title Transfer

If you’re searching for a “repo affidavit” because a vehicle has already been recovered and you need to deal with the title, the document you want is DMV Form 4034, the Affidavit for Repossessed Motor Vehicle. The lienholder uses it to certify that the vehicle was repossessed because the former owner failed to meet the obligations under a lien or mortgage.⁸

The form asks for the vehicle’s make, model, year, VIN, title number, and current license plate. The lienholder signs under penalty of perjury and must certify that every other lienholder shown on DMV records has been notified so their interests are protected. Incomplete forms get sent back.

Form 4034 does not travel alone. To complete the title transfer, submit it with the South Carolina title showing the recorded lien, Form 400 (Application for Title and Registration), and Form 4031 (Secured Bill of Sale). If the vehicle is being assigned to a buyer, enter the value received, because the DMV may collect the infrastructure maintenance fee or sales tax on the transaction. For a vehicle originally titled in another state, include the out-of-state title or registration from the former owner.⁸

One Boundary: Active-Duty Servicemembers

Neither self-help nor a standard Claim and Delivery filing is enough if the debtor is on active-duty military status. Under the Servicemembers Civil Relief Act, a creditor cannot repossess personal property from a servicemember without a court order when the servicemember signed the purchase or lease contract before going on active duty and made at least one deposit or installment payment before service began.⁹ A repossession that skips the court order can be voided, and before any default judgment the creditor also has to file an affidavit of military status confirming whether the defendant is on active duty.

1
South Carolina Legislature. South Carolina Code Section 36-9-609 – Secured Partys Right to Take Possession After Default
2
South Carolina Legislature. South Carolina Code of Laws Title 15 – Chapter 69 – Recovery of Personal Property
3
South Carolina Judicial Branch. Affidavit and Complaint (Claim and Delivery)
4
South Carolina Legislature. South Carolina Code Section 15-69-50 – Sheriff Shall Serve Affidavit and Notice, Required Security, Sheriff Shall Be Directed to Take Property
5
South Carolina Legislature. South Carolina Code of Laws Title 22 – Chapter 3 – Concurrent Civil Jurisdiction
6
South Carolina Judicial Branch. Circuit Court Court Fees
7
South Carolina Legislature. South Carolina Code Section 15-69-70 – Purpose of Preseizure Hearing
8
South Carolina Department of Motor Vehicles. Affidavit for Repossessed Motor Vehicle – Form 4034
9
Office of the Law Revision Counsel. 50 USC 3952 – Protection Under Installment Contracts for Purchase or Lease