How this works in other states → What is the small claims limitMore South Carolina law
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
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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.