What is the small claims limit in South Carolina?
South Carolina small claims is handled by the Magistrate's Court under S.C. Code Title 22, Chapter 3.
1. Monetary Limit — S.C. Code § 22-3-10 sets Magistrate's Court civil jurisdiction at $7,500, exclusive of interest and costs (raised from $7,500 effective 2018; previously $5,000). Magistrate's Court does not have jurisdiction over equity, divorce, or title-to-land disputes.
2. Filing Fee — $80 for filing under S.C. Code § 22-1-150, plus $10-$25 for sheriff or constable service per defendant. Indigent fee waivers via affidavit.
3. Lawyers — Permitted at all stages. Corporations and LLCs may be represented by an officer or employee in Magistrate's Court (S.C. Code § 40-5-80).
4. Statute of Limitations — Standard South Carolina SOLs: 3 years for contracts (written and oral) and personal injury under S.C. Code § 15-3-530, 3 years for property damage (§ 15-3-530(5)), 3 years for fraud (§ 15-3-530(7)), 10 years for actions on judgments (§ 15-3-600).
5. Where to File — Magistrate's Court of the county where (a) defendant resides at the time of filing or (b) the cause of action arose (S.C. Code § 22-3-30). Some counties have multiple magistrate jurisdictions.
6. Service — By sheriff, magistrate's constable, or certified mail (return receipt). Defendant must be served at least 20 days before the appearance date (S.C. Code § 22-3-930).
7. Hearing — Bench trial before the magistrate, or jury trial of six if demanded by either party (S.C. Code § 22-3-920). Rules of evidence apply but are relaxed.
8. Appeal Rights — Either party may appeal to the Circuit Court within 30 days of judgment (S.C. Code § 18-7-10 and § 22-3-1000). Appeal is on the record except where jury trial was not had at the magistrate level — then a jury trial may be demanded in Circuit Court.
This is legal information, not legal advice.
- Claim exceeds small claims limit
- Defendant counter-sues for higher amount
- Complex contract or business dispute
- S.C. Code § 22-3-10
- S.C. Code § 22-3-30
- S.C. Code § 22-3-1000
- S.C. Code § 15-3-530
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.