South Carolina Legal Questions & Answers
72 plain-English answers to common South Carolina law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in South Carolina?
South Carolina owners file a written objection with the county assessor within 90 days of the assessment notice (S.C. Code § 12-60-2510). Appeal to the County Board of Assessment…
- How does the lemon law process work in South Carolina?
South Carolina's Enforcement of Express Warranties Act ('Lemon Law'), S.C. Code Ann. §§ 56-28-10 to 56-28-110, presumes a lemon after 3 repair attempts on the same defect or 30+…
- How much of my wages can be garnished in South Carolina?
South Carolina prohibits ordinary creditor wage garnishment. Under S.C. Code § 37-5-104 and case law, garnishment is allowed only for state/federal taxes, child support, alimony…
- How do I file a mechanic's lien in South Carolina?
Subs serve Notice of Furnishing Labor and Materials on owner. File Statement of Account of Lien with county clerk of court (RMC/ROD) within 90 days of last work and serve owner…
- What is the personal injury statute of limitations in South Carolina?
South Carolina provides 3 years for personal injury under S.C. Code § 15-3-530. Medical malpractice is 3 years with a 6-year repose (§ 15-3-545). The South Carolina Tort Claims…
- How does small claims court work in South Carolina?
South Carolina Magistrates' Court hears civil claims up to $7,500 under S.C. Code § 22-3-10. Filing fees are $80. Attorneys are permitted. Appeals to the Circuit Court are on the…
- How do I set aside a default judgment in South Carolina?
Move under SCRCP 55(c) for good cause within a reasonable time, or under SCRCP 60(b) within one year for mistake, inadvertence, surprise, or excusable neglect. The Mictronics test…
- Who is liable if a dog bites me in South Carolina?
South Carolina imposes strict liability under S.C. Code § 47-3-110. Owners are liable for damages caused by their dog when the victim is in a public place or lawfully on private…
- What can I do if I'm a victim of identity theft in South Carolina?
South Carolina classifies financial identity fraud as a felony (up to 10 years) under S.C. Code § 16-13-510. Credit freezes are free under federal law. The Financial Identity…
- How does comparative fault work in South Carolina?
South Carolina follows modified comparative fault with a 51% bar under Nelson v. Concrete Supply Co., 303 S.C. 243 (1991) — plaintiffs whose negligence exceeds that of defendants…
- How do I file a public records request in South Carolina?
South Carolina FOIA (S.C. Code § 30-4-10 et seq.) requires agencies to respond within 10 business days (or 20 for records over 24 months old) and produce within 30 days. Copy fees…
- What is the statute of limitations for contract claims in South Carolina?
South Carolina gives 3 years to sue on both written and oral contracts under S.C. Code § 15-3-530. Sealed instruments enjoy a 20-year SOL under § 15-3-520, and UCC sale-of-goods…
- What money in my bank account is protected from creditors in South Carolina?
South Carolina provides $6,975 of wild-card exemption under S.C. Code § 15-41-30(A)(5) (unused homestead portion plus $6,325 unused). Wage garnishment by ordinary judgment…
- How do I appeal a denied Social Security disability claim in South Carolina?
South Carolina's Vocational Rehabilitation Department's Disability Determination Services (SCVRD DDS) handles initial SSDI/SSI reviews from West Columbia. 60-day deadline each…
Employment (10)
- What is the minimum wage in South Carolina?
South Carolina has NO state minimum wage — federal FLSA $7.25/hour applies. South Carolina prohibits local minimum wage ordinances (S.C. Code § 6-1-130). The tipped cash wage is…
- How do I file a workers compensation claim in South Carolina?
South Carolina workers' comp is governed by S.C. Code Ann. § 42-1-10 et seq. and administered by the South Carolina Workers' Compensation Commission. Notify your employer within…
- How do I file for unemployment benefits in South Carolina?
File online at dew.sc.gov through MyBenefits. South Carolina pays $42-$326/week for only 12-20 weeks (sliding scale tied to unemployment rate). Need at least $4,455 in 2 highest…
- What is wrongful termination in South Carolina?
South Carolina is an at-will state. The Ludwick v. This Minute of Carolina (1985) public policy exception is recognized. The South Carolina Human Affairs Law (S.C. Code § 1-13-80)…
- How do I file a workers' compensation claim in South Carolina?
Notify your employer within 90 days (S.C. Code § 42-15-20) and file Form 50 (Employee's Notice of Claim) with the South Carolina Workers' Compensation Commission within 2 years (§…
- Can I sue for wrongful termination in South Carolina?
South Carolina is at-will but recognizes a narrow Ludwick public-policy exception. SCHAL (S.C. Code § 1-13-10) covers discrimination; the state's WC retaliation statute (§…
- What are my rights against workplace harassment in South Carolina?
The South Carolina Human Affairs Law (S.C. Code § 1-13-10) is enforced by the South Carolina Human Affairs Commission and covers employers with 15+ employees, mirroring Title VII…
- Can my employer drug test me in South Carolina?
South Carolina's Drug Prevention Program (S.C. Code § 41-1-15) is voluntary, granting employers a 5% WC premium discount and intoxication-presumption defense for compliant…
- Are non-compete agreements enforceable in South Carolina?
South Carolina enforces non-competes that are necessary to protect a legitimate employer interest, reasonably limited in time and territory, not unduly harsh on the employee…
- How do I appeal an unemployment insurance denial in South Carolina?
The South Carolina Department of Employment and Workforce (DEW) administers UI under S.C. Code Ann. Title 41, Ch. 27-41. Appeals must be filed within 10 calendar days of the…
Family (9)
- How do I file for divorce in South Carolina?
South Carolina requires 1-year residency (3 months if both spouses live in-state). The no-fault ground requires 1 year of continuous separation. File a Summons and Complaint…
- How is child custody decided in South Carolina?
South Carolina decides custody on the best interest of the child under S.C. Code § 63-15-240, applying 17 statutory factors. The court may award joint or sole custody, with…
- How does alimony work in South Carolina?
South Carolina recognizes five forms of alimony under S.C. Code § 20-3-130: periodic (modifiable), lump sum (non-modifiable), rehabilitative, reimbursement, and separate…
- How is child support calculated in South Carolina?
South Carolina uses an Income Shares model under S.C. Code § 63-17-470 and the South Carolina Child Support Guidelines (DSS regulation, most recent revision 2023). Both parents'…
- How do I get a marriage license in South Carolina?
Apply at the Probate Court in any South Carolina county (S.C. Code § 20-1-220). Fees range $40-$110 (Charleston $45; Greenville $40). South Carolina enforces a 24-hour waiting…
- How do I establish paternity in South Carolina?
South Carolina parents may sign a Paternity Acknowledgment Affidavit under S.C. Code § 63-17-30 that has the force of a court order after 60 days. Court actions proceed in family…
- How does the adoption process work in South Carolina?
South Carolina adoptions are governed by S.C. Code Ch. 7 of Title 63. A consent or relinquishment under § 63-9-330 may be signed any time after birth and is irrevocable on…
- Are prenuptial agreements enforceable in South Carolina?
South Carolina has NOT adopted the UPAA. Prenups are governed by S.C. Code Ann. § 20-3-740 (alimony) and Hardee v. Hardee (2003), 355 S.C. 382. The Hardee three-part test requires…
- How do I get a restraining order in South Carolina?
South Carolina offers Orders of Protection from Domestic Abuse under S.C. Code Ann. § 20-4-10 et seq. and Restraining Orders against Stalking/Harassment under § 16-3-1750…
Criminal (9)
- What are DUI penalties in South Carolina?
South Carolina Code § 56-5-2930 sets the BAC limit at .08 (.04 commercial, .02 under 21). A first DUI carries 48 hours to 30 days jail (or 48 hours community service in lieu)…
- How do I get a concealed carry permit in South Carolina?
South Carolina enacted permitless carry in 2024 under H 3594 (Constitutional Carry Act), allowing adults 18+ to carry concealed without a permit. The optional Concealed Weapon…
- What are the search warrant requirements in South Carolina?
South Carolina search warrants are governed by S.C. Code Ann. § 17-13-140 et seq. A sworn affidavit of probable cause must be presented to a magistrate or judge…
- Can I legally record a phone call or conversation in South Carolina?
South Carolina is a one-party consent state under S.C. Code Ann. § 17-30-30. A party to the conversation, or someone with consent of one party, may record. Unauthorized…
- How does bail work in South Carolina?
South Carolina governs bail under S.C. Code §§ 17-15-10 to 17-15-260. Bond hearing within 24 hours of arrest. Cash, surety, property, and PR bonds available. General Sessions…
- How does plea bargaining work in South Carolina?
South Carolina plea practice follows S.C. Code Ann. § 17-23-40 and the Boykin-derived plea colloquy requirement. Guilty, nolo contendere (with court consent), and Alford pleas are…
- How do I sue police for misconduct in South Carolina?
42 U.S.C. § 1983 is the federal vehicle. South Carolina has not abolished QI and has no parallel civil-rights act. The Tort Claims Act (S.C. Code § 15-78-10) caps damages at…
- When can a private citizen make a citizen's arrest in South Carolina?
Under S.C. Code § 17-13-10, upon view of a felony committed, a felony committed in their presence, or a larceny committed, any person may arrest the felon or thief. Section…
- What pretrial diversion or drug court programs exist in South Carolina?
South Carolina offers Pretrial Intervention (PTI) under S.C. Code § 17-22-10, conditional discharge for first-time drug offenses under § 44-53-450, Drug Court (§ 17-22-1010)…
Housing (8)
- What are tenant rights in South Carolina?
South Carolina has no security deposit cap, requires return within 30 days, allows a 5-day pay-or-quit notice for nonpayment, and imposes habitability obligations under the South…
- What is the eviction process in South Carolina?
South Carolina requires a 5-day notice for nonpayment under S.C. Code § 27-37-10 (or one statutory notice in the lease) and a 14-day notice to cure for lease violations. Landlord…
- What must a home seller disclose in South Carolina?
South Carolina Code § 27-50-10 et seq. requires sellers of residential 1-4 unit real property to deliver a Residential Property Condition Disclosure Statement. The form covers…
- How do I dispute a security deposit return in South Carolina?
South Carolina landlords must return the deposit within 30 days of move-out with an itemized statement under S.C. Code § 27-40-410 (Residential Landlord and Tenant Act). Wrongful…
- How do I dispute an HOA assessment or fine in South Carolina?
South Carolina governs condominiums under the Horizontal Property Act (S.C. Code §§ 27-31-10 to 27-31-300) and HOAs under the South Carolina Homeowners Association Act (§§…
- What is the eviction process in South Carolina?
South Carolina uses an Ejectment (Application for Ejectment) under S.C. Code §§ 27-37-10 et seq. and the Residential Landlord and Tenant Act, §§ 27-40-10 et seq. Nonpayment…
- What can I do if my landlord won't fix uninhabitable conditions in South Carolina?
South Carolina's Residential Landlord and Tenant Act (S.C. Code § 27-40-440) imposes habitability duties. Tenants may terminate after 14-day notice under § 27-40-610 or sue for…
- How do I resolve an easement or boundary dispute in South Carolina?
South Carolina adverse possession requires 10 years (S.C. Code § 15-67-210) or 20 years for hostile possession without color of title. Prescriptive easement requires 20 years of…
Estate (8)
- How do I make a valid will in South Carolina?
South Carolina requires the testator to be 18+ and of sound mind (S.C. Code § 62-2-501). The will must be in writing, signed by the testator and 2 witnesses in the testator's…
- How do I create a power of attorney in South Carolina?
South Carolina adopted the Uniform Power of Attorney Act effective Jan. 1, 2017, codified at S.C. Code §§ 62-8-101 to 62-8-403. POA must be signed by the principal, witnessed by…
- How does probate work in South Carolina?
South Carolina probate typically runs 8-12 months under the South Carolina Probate Code, S.C. Code Ann. Title 62. South Carolina has adopted a modified UPC. Small-estate affidavit…
- Can I disinherit my spouse or child in South Carolina?
South Carolina grants a surviving spouse an elective share of one-third of the decedent's probate estate under S.C. Code § 62-2-201. South Carolina is a separate-property state…
- How do I petition for guardianship or conservatorship in South Carolina?
South Carolina splits the roles: 'guardian' for personal decisions and 'conservator' for property under S.C. Code § 62-5-101 et seq. Both apply to incapacitated adults and minors…
- How do I create an advance healthcare directive in South Carolina?
South Carolina recognizes Declaration of a Desire for a Natural Death (S.C. Code § 44-77 — living will), Health Care Power of Attorney (S.C. Code § 62-5-501 et seq.), and POST…
- How do I file a quitclaim deed in South Carolina?
South Carolina quitclaim deeds need grantor signature, TWO subscribing witnesses, AND a notary acknowledgment (S.C. Code §§ 30-5-30, 27-7-10). Record with the county Register of…
- What is the homestead exemption in South Carolina and how do I claim it?
South Carolina's creditor homestead is $74,250 per debtor / $148,500 joint (S.C. Code § 15-41-30(A)(1), indexed every two years). Property-tax Homestead Exemption (§ 12-37-250)…
Traffic (6)
- How do I fight a parking ticket in South Carolina?
South Carolina parking tickets are governed by S.C. Code § 56-5-2530 and city ordinances. Charleston, Columbia, and Greenville use Municipal Court with court dates 14-30 days out…
- How long do I have to register a vehicle in South Carolina?
South Carolina gives new residents 45 days to register under S.C. Code § 56-3-210. Purchased vehicles must be titled within 45 days. Documents include title, proof of SC insurance…
- How do I get my driver's license reinstated in South Carolina?
South Carolina charges $100–$200 reinstatement (S.C. Code § 56-1-410). The SCDMV suspends at 12 points in 12 months (S.C. Code § 56-1-720). After DUI, SR-22 is required for 3…
- How do I fight a speeding ticket in South Carolina?
South Carolina drivers can pay, plead at magistrate or municipal court, or contest at trial under SC Code § 56-5-1520. Speeding is 2-6 DMV points (12 = suspension); reckless…
- What are the open container laws in South Carolina?
South Carolina S.C. Code § 61-4-110 prohibits possession of beer or wine in an open container in a motor vehicle on a public highway, and § 61-6-4020 prohibits open containers of…
- What happens if I get a DUI in South Carolina?
S.C. Code § 56-5-2930 sets per se DUI at 0.08% BAC (0.04% commercial, 0.02% under-21). First DUI: 48 hours to 30 days jail (BAC < 0.10), tiered up to 90 days for 0.16%+…
Civil Procedure (4)
- What is the small claims limit in South Carolina?
South Carolina Magistrate's Court hears civil cases up to $7,500 under S.C. Code § 22-3-10. Filing fees are $80 plus $10-$25 service. Lawyers may appear. Either party may appeal…
- What is the statute of limitations in South Carolina?
South Carolina civil limitations: personal injury 3 years (S.C. Code § 15-3-530), written contract 3 years (§ 15-3-530), oral contract 3 years (§ 15-3-530), property damage 3…
- Can I get out of jury duty in South Carolina?
South Carolina requires US citizens, 18+, county residents under S.C. Code § 14-7-130. No person is exempt from service as a juror except men and women sixty-five years of age or…
- How do I legally change my name in South Carolina?
File a Petition for Change of Name in the family court of your county (S.C. Code § 15-49-10), pay approximately $150 in filing fees, submit fingerprint SLED/FBI background check…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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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.