How does small claims court work in South Carolina?
1. Jurisdictional Limit
S.C. Code Ann. § 22-3-10(2) caps Magistrates' Court civil jurisdiction at $7,500.
2. Court Name
Magistrates' Court (each county has one or more magistrates).
3. Filing Fee
The standard filing fee is $80, plus $10 per additional defendant and certified mail service costs. Indigent filers may file an Affidavit and Application to Proceed In Forma Pauperis under S.C. Code § 8-21-1080.
4. Filing the Claim
File a Summons and Complaint (Form SCCA/704) in the magistrate's jurisdiction where the defendant resides or where the cause of action arose (S.C. Code § 22-3-30). Service is by certified mail by the court, sheriff, or process server (S.C. R. Mag. Ct. 4).
5. Defendant's Response
Defendants must file a written Answer within 30 days of service (S.C. R. Mag. Ct. 6). Failure to answer results in default judgment after a hearing on damages. Counterclaims must be filed with the Answer.
6. Attorney Representation
Attorneys are permitted on both sides (S.C. R. Mag. Ct. 21). Corporations and LLCs typically must be represented by counsel, but a corporate officer may appear in routine collection matters under § 40-5-80 case law.
7. Hearing
Hearings before the magistrate are informal; the South Carolina Rules of Evidence apply but are relaxed (S.C. R. Mag. Ct. 20). Jury trials are available on demand for claims exceeding $25 (S.C. Const. Art. V, § 22).
8. Judgment & Collection
Either party may appeal to the Circuit Court within 30 days (S.C. Code § 18-7-10), but the appeal is on the record — not de novo. Collection tools include executions under S.C. Code § 15-39, judgment liens enrolled with the Clerk of Court under § 15-35-810, and supplementary proceedings to discover assets. South Carolina prohibits wage garnishment for most consumer debts (S.C. Code § 37-5-104), with exceptions for taxes, child support, and student loans — one of only four states with this protection.
9. Statute of Limitations
Standard SOLs apply: 3 years for contracts (S.C. Code § 15-3-530(1)), 3 years for personal injury and property damage (§ 15-3-530(5)), and 3 years for fraud (§ 15-3-530(7)).
This is legal information, not legal advice.
- Your claim exceeds $7,500 and must be filed in the Court of Common Pleas (Circuit Court)
- You need to demand a jury trial in Magistrates' Court, which requires careful preservation of issues
- You face collection challenges where South Carolina's wage garnishment prohibition limits standard tools
- S.C. Code §§ 22-3-10 to 22-3-320
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.