Small claims in South Carolina.
South Carolina's Magistrate Courts handle claims up to $7,500 with a streamlined process designed for self-representation.
- Most you can sue for$7,500Same cap for individuals and businesses
- Filing fee$80-$90Varies by county
- CourtMagistrate Court
- Lawyers at trialAllowedPermitted but not required
- Appeal window30 daysAppeal to Circuit Court
- Recent change—No major changes in the last 3 years
Find your situation.
South Carolina small claims handles money disputes up to $7,500 (or $7,500 if you're a business). Browse 7 categories and 39 specific claim types below.
South Carolina allows you 3 years to file claims related to contracts and debts, whether written or oral.
Wrong court for these12 situations small claims can’t handle
Eviction (unlawful detainer)
Magistrate Courts handle eviction proceedings, but they follow special timelines and procedures distinct from small claims cases.
Try instead: Magistrate Court eviction process
Title to real estate
Magistrate Courts do not have jurisdiction over cases where the title to real property is in question.
Try instead: Circuit Court
Defamation
Defamation cases often involve complex legal issues and damages exceeding the small claims limit.
Try instead: Circuit Court
Malpractice
Professional malpractice claims typically exceed the small claims jurisdictional limit and require expert testimony.
Try instead: Circuit Court
Family law and probate
Matters such as divorce, child custody, and probate are outside the jurisdiction of Magistrate Courts.
Try instead: Family Court or Probate Court
Federal claims
Claims involving federal law, such as bankruptcy or patents, are not handled in state small claims courts.
Try instead: Federal Court
Class actions
Class action lawsuits are complex and exceed the procedural scope of small claims courts.
Try instead: Circuit Court
Injunctions/specific performance
Small claims courts cannot issue injunctions or orders for specific performance; they can only award monetary damages.
Try instead: Circuit Court
Claims against the federal government
Suing the federal government involves specific procedures and is not within the jurisdiction of state small claims courts.
Try instead: Federal Court
Workers' compensation
Workers' compensation claims are handled by the Workers' Compensation Commission, not small claims courts.
Try instead: Workers' Compensation Commission
Mandatory-arbitration disputes
Disputes subject to mandatory arbitration clauses are typically resolved through arbitration, not small claims court.
Try instead: Arbitration
Suing a deceased person
Claims against deceased individuals must be filed against their estate in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention and serves as evidence of your attempt to settle.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims; the statute of limitations begins when the fraud is discovered or should have been discovered.
File your case
File at the Magistrate Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are added to the judgment.
E-filing in South Carolina: E-filing availability varies by county; check with the local Magistrate Court for specific procedures.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 30 days before the hearing (in the same county) or 30 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. The sheriff or constable personally delivers the documents to the defendant.
- Private process server. A hired individual delivers the documents to the defendant.
- Certified mail. Documents are sent via certified mail with return receipt requested.
File the proof of service (SCCA 510) at least 5 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, service by publication may be permitted with court approval.
If the defendant is evading service, document attempts and seek court permission for alternative methods.
Show up to the hearing
Bench trial with informal procedures; each party presents their case, and the judge may ask questions.
Lawyers at trial: Allowed. Parties may be represented by attorneys but are not required to do so.
When you’ll get the decision: On the spot or mailed within 10 days
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may grant a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must present evidence to substantiate the claim before a judgment is entered.
If you’re the defendant being sued
Defendants are not required to file a written answer but must appear at the scheduled hearing to avoid default judgment.
Counter-suing the plaintiff: Allowed using SCCA 503 (Counterclaim). Serve the plaintiff at least 30 days before trial (same county) or 30 days (out of county).
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 8.75% interest per year while unpaid.
Wage garnishment
Obtain a portion of the debtor's wages until the judgment is satisfied.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to be applied toward the judgment.
Cost: $30 plus service fees
Notes: Effective if the debtor is employed and earns above the exemption threshold.
What’s protected:
- 75% of disposable earnings or 30 times the federal minimum wage, whichever is greater
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution from the court, serve it on the debtor's bank, and the bank freezes and turns over funds to satisfy the judgment.
Cost: $30 plus service fees
Notes: Effective if the debtor has sufficient funds in the account; may be limited by exemptions.
What’s protected:
- $5,000 in aggregate value of personal property, including cash and bank accounts
Property lien
Place a lien on the debtor's real property to secure the judgment.
How it works
File the judgment with the county recorder's office to create a lien on the debtor's real property, which must be satisfied upon sale or refinancing.
Cost: $25 recording fee
Notes: Effective if the debtor owns real property; may take time to realize payment.
What’s protected:
- Homestead exemption up to $50,000
Writ of execution
Seize and sell the debtor's non-exempt property to satisfy the judgment.
How it works
Obtain a writ of execution from the court, have the sheriff seize non-exempt property, and sell it at public auction to satisfy the judgment.
Cost: $50 plus sheriff's fees
Notes: Effective if the debtor owns valuable non-exempt property; process can be time-consuming.
What’s protected:
- Various personal property exemptions totaling up to $5,000
Multiple creditors? Priority rules.
Judgment liens are prioritized by the date of recording; earlier liens have higher priority.
Can you appeal if you lose?
either
- Deadline: 30 days from the judgment notice.
- Filing fee: $150.
- Form: SCCA 505 — Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal is a new trial in the Circuit Court, where both parties can present their cases anew.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Charleston
- Filing fees: Charleston County charges a filing fee of $80 for small claims cases.
Richland
- Filing fees: Richland County charges a filing fee of $90 for small claims cases.
Why cases get dismissed.
Incorrect defendant information
What goes wrong: Suing the wrong party or using incorrect names can result in dismissal or unenforceable judgments.
How to avoid it: Verify the exact legal name and address of the defendant before filing; for businesses, check with the Secretary of State.
Missing statute of limitations
What goes wrong: Filing after the statute of limitations expires leads to automatic dismissal of the case.
How to avoid it: Determine the applicable statute of limitations for your claim type and file within that period.
Improper service of process
What goes wrong: Failure to serve the defendant correctly can delay the case or result in dismissal.
How to avoid it: Follow the court's rules for service of process precisely, using approved methods and documenting service.
Overlooking counterclaims
What goes wrong: Defendants may file counterclaims, potentially turning the tables and resulting in a judgment against you.
How to avoid it: Be prepared for possible counterclaims by reviewing the entire dispute and considering the defendant's perspective.
Ignoring court deadlines
What goes wrong: Missing filing deadlines or court dates can lead to dismissal or default judgments.
How to avoid it: Keep a detailed calendar of all deadlines and court dates, and set reminders to ensure timely compliance.
Insufficient evidence
What goes wrong: Lack of adequate evidence can result in losing the case, even if your claim is valid.
How to avoid it: Gather all relevant documents, photos, and witness statements to substantiate your claim before filing.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources19 citations and statutes
- South Carolina Judicial Branch
- SC Magistrate's Court info
- SC Self-Represented Litigant resources
- S.C. Code Title 22 (Magistrates and Constables)S.C. Code § 22-3-10
- S.C. Code Title 22 Chapter 3 (Magistrate civil jurisdiction)
- S.C. Code — Statute master index
- S.C. Code § 15-3-530 (Statute of limitations)S.C. Code § 15-3-530
- S.C. Rules of Civil Procedure (Magistrate)
- SC Judicial — Magistrate forms
- S.C. Code § 8-21-1010 (Magistrate fees)S.C. Code § 8-21-1010
- S.C. Magistrate Civil Rule 4 (Service)
- S.C. Code § 18-7-10 (Magistrate appeal)S.C. Code § 18-7-10
- S.C. Code Title 15 Ch. 39 (Executions)
- S.C. Code § 15-41-30 (Exemptions)S.C. Code § 15-41-30
- S.C. Code § 39-5-10 et seq. (Unfair Trade Practices)S.C. Code § 39-5-10 et seq.
- S.C. Code § 34-11-70 (Bad check civil)S.C. Code § 34-11-70
- S.C. Code § 27-40-410 (Security deposit)S.C. Code § 27-40-410
- S.C. Code § 41-10-50 (Final wages)S.C. Code § 41-10-50
- S.C. Code § 34-31-20 (Judgment interest)S.C. Code § 34-31-20
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.