Small Claims Court in South Carolina: How to File, Limits, Fees, and Collection

A practical filing-to-collection guide for South Carolina consumers and small businesses dealing with a real money dispute.

1. What is small claims court in South Carolina?

Small claims court in South Carolina is the civil side of the Magistrates' Court, also called the summary court. It hears money disputes and certain property cases up to $7,500. Attorneys are allowed but not required, and businesses can show up through a non-lawyer officer or agent. Cases usually reach a hearing about 60 days after filing, depending on the county.

South Carolina doesn't have a separate court called "small claims." Instead, the Magistrates' Court handles what most people think of as small claims. The magistrate (the judge) doesn't have to be a lawyer. Procedure is informal, and the magistrate can ease up on strict evidence rules to get to a fair result.

Which court hears small claims cases in South Carolina?

The court that hears small claims cases in South Carolina is the Magistrates' Court in the county where the case belongs. Each county has one or more magistrate offices. The magistrate's jurisdiction over money claims is set by S.C. Code § 22-3-10, with the $7,500 cap reflecting the current statutory limit.

If your claim is bigger than $7,500, you file in the Court of Common Pleas (Circuit Court) instead. That's a more formal court with full discovery, formal pleadings, and stricter procedure.

How small claims differs from the regular civil docket

Small claims differs from the regular civil docket in four ways. First, the dollar cap is $7,500. Anything above goes to Circuit Court. Second, formal discovery (interrogatories, requests for production, depositions) is generally not available in magistrate court. Third, you don't need a lawyer, and a corporation or LLC can appear through an officer or authorized agent. Fourth, appeals go on the existing record to Circuit Court, not as a fresh trial.

Magistrates also can't grant most equitable relief, like injunctions. Their remedies are mostly money damages and possession (eviction, replevin to get a specific item back).

Is small claims court the right forum for your case?

Small claims is the right forum if your dispute is for money or specific personal property, your damages are $7,500 or less, the claim type isn't excluded (like title to real estate or family court matters), and venue lies in a South Carolina county. It's the wrong forum if you want an injunction, if your claim is for more than $7,500 (and you don't want to waive the extra), or if the case belongs in a specialized court.

A six-person jury is available if you timely demand one. That's unusual for a small claims style court.

2. Should you file in South Carolina small claims?

You can file in South Carolina Magistrates' Court if (1) your claim is for money or specific personal property, (2) the amount is $7,500 or less, (3) the claim type isn't excluded, (4) South Carolina has venue under Magistrate Court Rule 4, and (5) you're old enough and mentally competent to bring the case yourself. There's no annual filing cap in the rules provided, but claim splitting is prohibited.

Cases small claims can hear in South Carolina

Cases small claims can hear in South Carolina include unpaid invoices, broken written and oral contracts, security deposit disputes, property damage, car accident damage to property, breach of warranty on goods, bad checks under S.C. Code § 34-11-75, unpaid wages under the Payment of Wages Act, consumer fraud, replevin (getting a specific item back), and landlord-tenant cases including eviction.

Eviction is an important one. Magistrate court keeps eviction (possession) cases even when a related money counterclaim goes over $7,500.

Cases small claims cannot hear in South Carolina

Cases small claims cannot hear in South Carolina include title disputes to real estate (quiet title, boundary disputes), Family Court matters (divorce, custody, support), workers' compensation claims (those go to the Workers' Compensation Commission), bankruptcy matters (federal), and most cases where the State is a party except very limited statutory actions. Magistrates also can't grant injunctions or most other equitable relief.

If you need an injunction or have a title dispute, you're in the wrong court. File in Circuit Court instead.

Who can sue and who can be sued?

Anyone who sues or is sued in South Carolina small claims must be 18 or older and mentally competent, or be represented by a guardian or next friend. Businesses can sue and be sued. A corporation or LLC can appear through an officer or authorized agent without an attorney. That's a real South Carolina quirk and saves businesses money.

To sue the state, a county, or a city, you must comply with the South Carolina Tort Claims Act. That includes a written notice within one year under S.C. Code § 15-78-80. Skip the notice and your case is barred.

What if you signed a contract with an arbitration clause?

If you signed a contract with an arbitration clause, the other side can ask the court to send the dispute to arbitration. South Carolina courts generally enforce arbitration clauses. Some consumer contracts carve out small claims, allowing either party to bring a small money case in court even with arbitration language. Read your contract carefully. If the clause covers your dispute and there's no small-claims carve-out, you may need to arbitrate instead.

3. How long do you have to sue? Statute of limitations in South Carolina

In South Carolina, you generally have 3 years to sue on most contract and tort claims, including written contracts, oral contracts, property damage, personal injury, and consumer fraud. You have 2 years for defamation and 6 years for breach of warranty under the UCC. The clock starts at breach, injury, or (for hidden harm and fraud) the date you discovered the problem. Miss the deadline and the case is dismissed.

When the clock pauses or resets in South Carolina

The South Carolina limitations clock pauses or resets in a few situations. The clock tolls while the defendant is out of state. Plaintiffs who are minors or who have a mental disability get tolling protection until the disability ends. The discovery rule applies for hidden injuries, fraud, and latent defects, so the clock starts when you knew or should have known about the harm.

A partial payment on the debt or a signed written acknowledgment of the debt restarts the clock. That's a common gotcha in collection cases. Don't make even a small payment on an old debt unless you mean to keep the clock running.

What happens if you miss the deadline

If you miss the South Carolina statute of limitations, the defendant can ask the court to dismiss the case. The court will dismiss it, even if you have a strong case on the facts. The statute of limitations is a hard wall. Check your deadline before you file. If your deadline is close, file now and serve the defendant fast.

4. Before you file: demand letter and required notices

In South Carolina, a demand letter is not required for most claims but is strongly recommended. Two important exceptions: bad-check cases under S.C. Code § 34-11-75 require a written demand by certified mail with a 30-day cure period before you can seek treble damages, and security deposit cases under § 27-40-410 require the tenant to give a forwarding address and demand return. Government defendants need a written tort claim notice within one year under § 15-78-80.

Do you need a demand letter in South Carolina?

A demand letter in South Carolina is required for a handful of specific claim types and recommended for everything else. Required for bad checks (certified mail, 30-day cure, to unlock treble damages or $500 cap, whichever is less). Required in substance for security deposit treble damages, where the tenant must provide a forwarding address and demand return. Recommended for everything else because magistrates expect to see one and it often settles the case before filing.

Even when not required, a demand letter shows the magistrate you tried to resolve this without court. That helps your credibility.

What to include in a South Carolina demand letter

A South Carolina demand letter should include a clear description of the dispute, the exact amount you're demanding, a deadline to pay (often 10 to 30 days), your contact information, and a statement that you'll file a lawsuit if you don't get paid. Send it by certified mail with return receipt. Keep a copy of the letter and the green card.

For bad checks under § 34-11-75, the letter must be by certified mail and give the drawer 30 days to make good on the check before you can sue for treble damages.

Pre-suit notice for special claim types

Pre-suit notice in South Carolina is required for bad checks, security deposits, and government defendants. Bad-check demand under § 34-11-75 requires certified-mail notice and a 30-day cure period before treble damages or the $500 cap kicks in. Security deposit claims under § 27-40-410 require the tenant to provide a forwarding address; the landlord then has 30 days to return the deposit or itemize deductions, and missing that deadline opens the door to treble damages.

For unfair trade practices under S.C. Code § 39-5-140, a demand isn't strictly required but is often the smart first step.

How to sue a city or county in South Carolina

To sue a city or county in South Carolina, you must serve a written notice of claim within one year of the incident under the South Carolina Tort Claims Act (S.C. Code § 15-78-80). The notice should describe what happened, when, where, and the amount of your loss. Send it to the agency's chief executive officer. Timely notice extends your filing deadline.

Skip the notice or send it late, and your case is barred. The Tort Claims Act also caps damages and limits who you can sue. This is one area where talking to a lawyer first usually pays for itself.

5. Identifying and naming the defendant correctly

Name the defendant exactly as they exist legally: a person by full legal name, a sole proprietor by the owner's name "doing business as" the trade name, a corporation or LLC by its registered name. Misnaming a business defendant is the most common reason small claims judgments can't be collected. Look up businesses in the South Carolina Secretary of State business search before filing.

How to find a business's legal name in South Carolina

To find a business's legal name in South Carolina, use the Secretary of State business filings search at sos.sc.gov. Search by the trade name or owner's name. You'll find the exact registered name, the registered agent, and the agent's address for service. Print the search result and keep it. That's where you serve the lawsuit.

If the business doesn't show up, it may not be registered (a sole proprietor) or it may be operating illegally. For a sole proprietor, check the county courthouse for a "doing business as" filing.

How to name an LLC or corporation

An LLC or corporation in South Carolina is named by its full registered name exactly as it appears in the Secretary of State's records, including "LLC," "Inc.," "Corp.," or "Co." For example: "Smith Plumbing, LLC," not "Smith Plumbing." If a corporation is registered in another state but doing business in South Carolina, it should be registered as a foreign entity here too. Use the registered name.

Serve the registered agent at the address listed with the Secretary of State.

How to name a sole proprietor or DBA

A sole proprietor in South Carolina is named by the owner's full legal name followed by "doing business as" and the trade name. Example: "John Q. Smith doing business as Smith Plumbing." That way the judgment runs against the person and any business assets they hold under that trade name. If you only sue "Smith Plumbing" and it's not an LLC or corporation, the judgment may not be enforceable.

How to amend if you discover the wrong name after filing

If you discover the wrong name after filing, you can file an Amendment to Complaint using form SCCA707. File it before the hearing. If service has already happened, you may need to re-serve the defendant under the corrected name. The magistrate has discretion to allow corrections that don't unfairly prejudice the defendant, especially for clerical name errors.

6. The forms you need to file in South Carolina

South Carolina requires two main forms to start a small claims case: the SCCA700 Summons and the SCCA701 Complaint. The clerk provides Instructions to Defendant with the summons. If you can't afford the fee, you also file a Motion and Affidavit to Proceed In Forma Pauperis. All forms are free at sccourts.org/court-forms.

Which forms open the case?

The forms that open a South Carolina small claims case are the SCCA700 Summons and the SCCA701 Complaint. Fill out both. The summons tells the defendant they've been sued and the answer deadline. The complaint explains why you're suing and how much you want. Bring originals plus copies for each defendant and one for yourself.

Which forms does the defendant file?

The forms the defendant files in South Carolina are the SCCA703 Answer to respond to the complaint and the SCCA705 Counterclaim if the defendant has their own claim against the plaintiff. The Answer should admit, deny, or say "without knowledge" to each allegation and list defenses. A counterclaim must be filed within the answer deadline.

How to fill out the South Carolina claim form

To fill out the South Carolina claim form, you complete SCCA701 with your full legal name and address, the defendant's correct legal name and address, the exact amount you want (no more than $7,500), and a short description of why the defendant owes you. Keep facts concrete: dates, amounts, what was promised, what went wrong. Attach copies of supporting documents (contract, invoice, photos) as exhibits.

Sign and date the form. Bring it to the magistrate clerk in the right county along with the SCCA700 Summons.

What if you can't afford the filing fee?

If you can't afford the South Carolina filing fee, you file a Motion and Affidavit to Proceed In Forma Pauperis. List your income, expenses, dependents, and any public benefits you receive. The judge reviews the affidavit and approves or denies the waiver. Eligibility is generally based on indigency or receipt of need-based benefits like SSI, TANF, SNAP, or Medicaid. If approved, the court waives the filing fee and the service fee.

7. Where to file, and how (in person, mail, e-file)

File in the county where the defendant lives, where the events happened, or for a domestic corporation, where the corporation has its principal place of business (Magistrate Court Rule 4). South Carolina magistrate courts accept filings in person, by mail, and in some counties by drop box. There is no statewide e-filing for magistrate court. The e-filing portal only handles Circuit Court and higher. Most counties give you a hearing date about 60 days out.

Which county do you file in?

The county you file in is set by Magistrate Court Rule 4. You file in the county where at least one defendant lives, where the most substantial part of what happened took place, or for a contract case, where the contract was made or was supposed to be performed. For a domestic corporation defendant, you can also file in the county where the corporation has its principal place of business. For nonresident defendants, long-arm rules apply.

How to file in South Carolina small claims

To file in South Carolina small claims you can walk into the magistrate clerk's office in the right county, hand them the SCCA700 Summons, the SCCA701 Complaint, copies for each defendant, and the filing fee. Or you can mail the same packet. Some counties have a drop box outside the clerk's office. Call the clerk first to confirm hours and accepted payment methods. Credit card acceptance varies by county.

How to e-file in South Carolina

To e-file in South Carolina, you cannot, at least not for magistrate court. South Carolina's e-filing portal handles Circuit Court and other higher courts only. Magistrate court is paper-only across all counties. Plan to file in person or by mail.

What happens if you file in the wrong county?

If you file in the wrong county in South Carolina, the defendant can object to venue. The court can dismiss the case or transfer it to the right county. You'll lose time and possibly the filing fee. Check Rule 4 before you file, and if you're not sure, call the clerk in the county where the defendant lives and ask.

8. Filing fees, service fees, and fee waivers in South Carolina

Filing fees in South Carolina magistrate court are $80 for claims up to $2,500 and $160 for claims from $2,501 to $7,500, set by S.C. Code § 8-21-1010. Service by sheriff or certified mail typically runs around $15 (sheriff) to $8 (certified mail), and private process servers cost more. If you can't afford the fees, file the In Forma Pauperis motion. Filing fees are recoverable as court costs if you win.

Some counties may add small surcharges for technology or library fees on top of the state base.

How much does it cost to file in South Carolina?

Filing a South Carolina small claims case costs $80 if you're suing for $2,500 or less and $160 if you're suing for $2,501 to $7,500. Add the service fee on top. Some counties charge small extra surcharges. Call the clerk to confirm the total before you go.

How much does service cost?

Service in South Carolina costs around $15 for sheriff service and around $8 for certified mail through the clerk. A private process server usually costs $50 or more depending on the vendor and the location of the defendant. Publication is the most expensive option, often $100 or more, because you pay for newspaper ads.

Can you get the filing fee waived?

You can get the South Carolina filing fee waived by filing a Motion and Affidavit to Proceed In Forma Pauperis with the clerk. The judge reviews your finances. Common qualifying circumstances include receipt of SSI, TANF, SNAP, or Medicaid, or income below a poverty threshold. If granted, the court waives both filing and service fees.

Are filing fees recoverable if you win?

Filing fees in South Carolina are recoverable if you win, as part of court costs added to your judgment. Service fees, certified mail costs, subpoena fees, and clerk certification fees are also recoverable. Attorney's fees are recoverable only if a statute or contract says so. Make sure you ask the magistrate for costs at the end of the hearing and that the judgment includes them.

9. Serving the defendant in South Carolina

South Carolina allows five methods to serve a small claims defendant: sheriff or constable, certified mail with restricted delivery (sent by the clerk), private process server, alternate service by court order, and publication as a last resort. In-county service must give the defendant at least 5 days before the hearing. Out-of-county service must give at least 15 days. Proof of service must be filed before the case can move forward.

Service by sheriff or constable

Service by sheriff in South Carolina is the most common and reliable method. The sheriff's office in the defendant's county serves the SCCA700 Summons and SCCA701 Complaint and files a Return of Service with the court. Cost is about $15. Allow 1 to 3 weeks. If the defendant is hard to find, ask the sheriff if they can attempt service at different times of day.

Service by certified mail

Service by certified mail in South Carolina is handled by the magistrate clerk, who sends the papers by USPS certified mail with restricted delivery. The signed return receipt (the green card) becomes proof of service. Cost is about $8. This works well when you have a good address and the defendant isn't trying to dodge service. If the defendant refuses the certified mail, you need another method.

Service by private process server

Service by a private process server in South Carolina requires the server to be an adult and not a party to the case. After serving, the server signs a notarized Affidavit of Service that you file with the court. Fees vary by vendor, often around $50 to $100. Useful when the sheriff is slow or the defendant is evasive.

Court-ordered alternate or substituted service

Court-ordered alternate service in South Carolina is allowed when you can show the court you tried the regular methods and they didn't work. You file a motion describing your due diligence (multiple sheriff attempts, dates, times, addresses) and ask the court to order another method. The magistrate can order posting at the defendant's home and mailing, service on a person of suitable age at the dwelling, or in rare cases service by email.

Service by publication

Service by publication in South Carolina is a last resort that requires a court order. You publish notice of the lawsuit in a newspaper of general circulation, usually once a week for three weeks. Cost is often $100 or more depending on the newspaper. Save the Affidavit of Publication as proof. Use this only when you have no other way to find the defendant.

What if the defendant refuses or evades service?

If the defendant refuses or evades service in South Carolina, ask the sheriff to attempt service at different times and document each attempt. Try a private process server with stakeout experience. If those fail, file a motion for alternate service with proof of your diligence. As a last step, publication is available with court approval.

Serving a military defendant

To serve a military defendant in South Carolina, you must comply with the Servicemembers Civil Relief Act (SCRA). Before default can be entered, you file an SCRA affidavit stating whether the defendant is on active duty. If they are, the court can appoint an attorney for them or stay the case. Check active-duty status using the federal SCRA website before requesting default.

10. The defendant's response

After service, the defendant in South Carolina has 30 days to file an Answer (SCCA703) admitting, denying, or asserting defenses, and may file a Counterclaim (SCCA705) up to $7,500. If the counterclaim exceeds $7,500, the entire case is transferred to the Court of Common Pleas (Circuit Court), except eviction (possession) issues that stay in magistrate court. If the defendant files nothing, the plaintiff can ask for a default judgment after the deadline.

How long does the defendant have to respond?

The defendant in South Carolina has 30 days from the date of service to file an Answer. The 30-day clock starts when the defendant is properly served, not when the complaint was filed. For certified mail service, that's the date the green card is signed. Failure to answer in time opens the door to default judgment.

What goes in the answer?

A South Carolina Answer must include responses to each statement in the complaint (admit, deny, or "without knowledge"), any defenses (statute of limitations, payment, fraud, etc.), and the defendant's contact information. Use SCCA703. File the original with the clerk and serve a copy on the plaintiff. The Answer should be short, factual, and signed.

Can the defendant counterclaim?

The defendant can counterclaim in South Carolina by filing SCCA705 within the 30-day answer period. A counterclaim is the defendant's own claim against the plaintiff arising out of the same dispute or any related matter. Counterclaims up to $7,500 stay in magistrate court. The plaintiff then has to defend against the counterclaim at the same hearing.

What if the counterclaim exceeds the small claims cap?

If the counterclaim exceeds the South Carolina cap of $7,500, the entire case is transferred to the Court of Common Pleas (Circuit Court). The exception is eviction (possession): the magistrate keeps the possession issue even if a related money counterclaim is bigger than $7,500. Transfer means more formal procedure, full discovery, and usually a lawyer on both sides.

11. Preparing for and attending the hearing

South Carolina small claims hearings happen about 60 days after filing, though timing varies by county. They're informal bench trials before a magistrate. A six-person jury is available if either party demands one in time. Bring at least two copies of every exhibit, all your witnesses, and a 2 to 3 minute summary of your case. The magistrate often rules from the bench or shortly after.

When does your hearing happen?

Your South Carolina small claims hearing happens after the defendant's 30-day answer window closes. Typical timing is about 60 days from filing, but it can be longer in busy counties. The clerk schedules the trial and mails notice to both parties. Mark the date on your calendar the moment you get it.

How to prepare your case

To prepare your South Carolina small claims case, write a 2 to 3 minute summary of your story: what was promised, what went wrong, and what you want. Build a chronological exhibit list (contract, invoices, emails, photos, repair estimates, payment records). Make at least two copies of each, one for the magistrate and one for the other side. Line up your witnesses and confirm their availability.

Practice your summary out loud. Be ready to answer the magistrate's questions directly. If you have a damages calculation, write it on one sheet of paper so the magistrate can follow along.

What evidence is admissible in South Carolina?

Evidence admissible in South Carolina small claims includes documents, photos, text messages, emails, recordings, and live witness testimony. Rules of evidence apply but the magistrate has discretion to relax them in the interest of justice. Authenticate documents by showing where they came from. Photos and screenshots should have date and source info. Recordings are allowed under South Carolina's one-party consent rule (one party to the conversation must consent). Electronic signatures are generally treated as valid.

Hearsay rules apply but are softened in magistrate court. Bring the person who saw or heard things if you can.

How to subpoena a witness

To subpoena a witness in South Carolina, you ask the magistrate clerk to issue a Witness Subpoena under Magistrate Court Rule 23. Serve it by sheriff, constable, or any non-party adult. You must tender the witness fee of $25 per day plus mileage at the time of service. Get this done at least a couple of weeks before the hearing so the witness has notice.

Can you appear by phone or video?

Phone or video appearance in South Carolina small claims is not provided for by statewide rule. Whether you can appear remotely depends on the individual magistrate and county practice. If you need a remote appearance for medical, military, or distance reasons, file a written request with the clerk well before the hearing and explain why you can't appear in person.

Continuances and what happens if you can't attend

A continuance in South Carolina small claims is granted at the magistrate's discretion. File a written request before the hearing showing good cause (illness, military duty, conflict). There's no automatic right to a continuance. If the plaintiff doesn't show up, the case is usually dismissed for failure to prosecute. If the defendant doesn't show up, the plaintiff can get a default judgment. If both fail to appear, the case is dismissed.

12. Mediation, interpreters, and ADA accommodations

South Carolina offers voluntary mediation in some counties for magistrate cases, often as same-day settlement discussions or referrals to community mediation centers. There's no statewide mandatory program. Interpreters are available in Spanish, French, Russian, Mandarin, and other languages by request through the clerk. ADA accommodations are arranged through the clerk's office or the county ADA coordinator.

Is mediation available in South Carolina small claims?

Mediation in South Carolina small claims is voluntary and varies by county. Some counties offer same-day settlement discussions with the magistrate or refer parties to community mediation centers. There is no statewide mandatory mediation program for magistrate cases. To request mediation, ask the clerk or talk to the magistrate at the start of the hearing.

How to request a court interpreter

To request a court interpreter in South Carolina, you notify the magistrate clerk as soon as possible, preferably when you file or when you answer. The clerk arranges a certified interpreter at no cost to the parties. Lead time is around 10 days, sometimes more for less common languages. Available languages include Spanish, French, Russian, and Mandarin, with telephonic interpreter services for many others.

How to request an ADA accommodation

To request an ADA accommodation in South Carolina, contact the magistrate clerk or the county ADA coordinator in writing as early as possible before your hearing. Ask for what you need: wheelchair access, sign-language interpreter, large-print documents, or other reasonable accommodations. The court provides accommodations at no cost. Request early so the clerk has time to arrange it.

13. What you can recover (and statutory damages multipliers)

If you win in South Carolina small claims, you can recover your underlying damages, court costs (filing fee, service fee, subpoena fees, clerk certification fees), and post-judgment interest at 12% per year. Pre-judgment interest at 8.75% per year may apply to liquidated claims; the exact statutory citation isn't uniform. Attorney's fees are recoverable only when a contract or statute allows. Several South Carolina statutes triple your damages, including security deposits, unpaid wages, bad checks, and unfair trade practices.

What costs are recoverable in South Carolina?

Costs recoverable in South Carolina include the filing fee, service of process fees (sheriff, certified mail, or private server), subpoena and witness fees, and clerk certification fees like the cost of a transcript of judgment. Ask the magistrate to include costs in the judgment. Get the exact dollar amounts ready at the hearing.

How does interest work on South Carolina judgments?

Interest on South Carolina judgments runs at 12% per year on the unpaid balance after judgment is entered. Pre-judgment interest of 8.75% per year is referenced as the standard rate for liquidated claims, though the exact statutory citation isn't given uniformly. If your contract sets a different rate, that contract rate may control. Interest can be a meaningful chunk on older judgments, so request it.

When can you recover attorney's fees?

Attorney's fees in South Carolina small claims are recoverable when a statute authorizes them (like the Payment of Wages Act, the Unfair Trade Practices Act, or the security deposit statute) or when your contract has a fee-shifting clause. Otherwise, each party pays their own attorney. Since you usually don't have an attorney in small claims, fee recovery rarely matters in practice, but it can be significant when treble damages apply.

Statutory damages multipliers in South Carolina

South Carolina statutes that multiply damages in small claims include the security deposit statute (3x), the Payment of Wages Act (3x for willfully unpaid wages), the bad-check statute (3x the check or $500 cap), the Unfair Trade Practices Act (3x for willful violations), retaliatory eviction (3 months' rent or 3x damages), willful timber theft (3x value), and state antitrust violations (3x damages). Each has its own conditions, so check the statute that fits your claim.

14. Getting a default judgment when the defendant doesn't respond

If the defendant in South Carolina doesn't file an Answer within 30 days, you can ask for a default judgment. File a motion or affidavit for default with proof of service, an SCRA (military status) affidavit, and your damages backup. If your damages aren't a fixed amount, the court schedules a brief prove-up hearing where you testify and submit exhibits. Once entered, you can begin collection.

When can you ask for a default judgment in South Carolina?

You can ask for a default judgment in South Carolina after the 30-day answer period passes and the defendant has not filed anything. Make sure proof of service has been filed first. Check the date the defendant was actually served, not the date you filed.

What you file to get a default

To get a default in South Carolina, you file a written request or motion for default judgment, an affidavit of service confirming the defendant was properly served, an SCRA affidavit stating whether the defendant is on active military duty, and (if damages aren't liquidated) supporting documents for your damages. There's no statewide fillable form; the magistrate clerk can point you to the local practice.

Can the defendant vacate a default in South Carolina?

A defendant can vacate a South Carolina default by filing a Motion to Set Aside or Vacate Default Judgment within 30 days under the grounds in South Carolina Rule of Civil Procedure 60(b): mistake, inadvertence, excusable neglect, newly discovered evidence, fraud, void judgment, or other compelling reason. The defendant must also usually show a meritorious defense.

15. Appealing a small claims judgment in South Carolina

In South Carolina, either party can appeal a magistrate judgment to the Court of Common Pleas (Circuit Court) within 30 days, under Magistrate Court Rule 18. The appeal is on the record, not a new trial. The Circuit Court reviews the magistrate's decision for legal error using the existing record. An appeal bond may be required to stay collection. Procedural rules in Circuit Court are stricter, and attorneys are typically involved.

Who can appeal and when?

Either party in South Carolina small claims can appeal within 30 days of the magistrate's judgment. The plaintiff can appeal if they lost or got less than they wanted. The defendant can appeal if they were ordered to pay. File a Notice of Appeal (SCACR Form 3) with the magistrate clerk and with the Circuit Court.

What kind of appeal is it?

An appeal in South Carolina small claims is appellate review on the existing record, not a brand-new trial (not de novo in most cases). The Circuit Court reads the record from the magistrate hearing and decides whether the magistrate made a legal error. You can't add new evidence. If the magistrate didn't keep a verbatim record, getting an effective record on appeal can be difficult.

What does an appeal cost?

An appeal in South Carolina costs the Circuit Court filing fee (higher than magistrate fees) plus any appeal bond the court requires. Costs of preparing the record and any transcript costs also apply. Plan for hundreds of dollars and possibly more, depending on the bond.

Does an appeal stop collection?

An appeal stops collection in South Carolina when the appealing party posts an appeal bond or otherwise obtains a stay from the court. Without a stay, the judgment creditor can begin collection immediately after the appeal window or even during the appeal. Ask the court about a stay at the same time you file the notice of appeal.

16. Collecting your judgment in South Carolina

Winning is half the battle, and South Carolina doesn't collect for you. After the 30-day appeal window, you can get a Writ of Execution for the sheriff to levy non-exempt property, docket the judgment as a lien on real estate by filing a Transcript of Judgment in Circuit Court, levy bank accounts, order a debtor's exam, and renew the judgment before it expires. The judgment is valid for 10 years and renewable. Note: South Carolina effectively prohibits wage garnishment for ordinary consumer and commercial judgments.

16.1 Wait for the appeal window to close

The appeal window in South Carolina is 30 days from the magistrate's judgment. During that window, the defendant can file a Notice of Appeal and potentially stay collection with a bond. After 30 days pass without an appeal, the judgment is final and you can start collecting. Some creditors start preparing collection paperwork during the window so they're ready to file the day it expires.

16.2 Get an abstract or certificate of judgment

An abstract of judgment in South Carolina is a certified Transcript of Judgment that you get from the magistrate clerk and file with the Circuit Court clerk in the county where the debtor owns real estate. This creates a judgment lien on the debtor's real property in that county. Without docketing it in Circuit Court, the magistrate judgment alone does not create a real estate lien. File in every county where the debtor owns property.

16.3 Writ of execution

A writ of execution in South Carolina authorizes the sheriff to levy on the debtor's non-exempt personal property to satisfy the judgment. Request it from the magistrate clerk. The sheriff serves the writ and seizes property, which can be sold at auction. The writ is returnable in 60 days. The sheriff charges fees, which are added to what the debtor owes.

16.4 Wage garnishment

Wage garnishment for consumer debts in South Carolina is effectively prohibited for ordinary civil judgments. Wages are not available to regular judgment creditors. Limited exceptions exist for child support, alimony, federal taxes, and certain other narrow categories, but for a typical contract or property damage judgment, you cannot garnish wages. This is one of South Carolina's strongest debtor protections, and it's a big reason some judgments are hard to collect.

16.5 Bank levy or account garnishment

A bank levy in South Carolina works by getting a writ of execution and having the sheriff serve it on the debtor's bank to freeze funds up to the judgment amount. The bank remits the frozen funds to the sheriff unless the debtor successfully claims exemptions. Only assets on hand at the moment of levy are captured. Social Security, SSI, VA benefits, unemployment, and workers' comp deposits are exempt even after deposit if they can be traced. Timing matters: levy right after a deposit goes in.

16.6 Debtor's examination

A debtor's examination in South Carolina is a supplemental proceeding where the court orders the debtor to appear, answer questions under oath, and produce financial documents. You file a motion or request with the court. The debtor must disclose employment, bank accounts, real estate, vehicles, and other assets. Failure to appear can lead to contempt. Use the exam to find assets you can levy.

16.7 Satisfaction of judgment

A satisfaction of judgment in South Carolina is filed when the debtor pays the judgment in full. The creditor must file the Satisfaction with the magistrate clerk (and any Circuit Court where the judgment was docketed). Filing it releases the lien on real property and clears the debtor's record. Failing to file it after payment can expose the creditor to claims by the debtor.

16.8 Judgment renewal

A South Carolina judgment is valid for 10 years and renewable by filing a renewal action before it expires. If you don't renew in time, the judgment becomes unenforceable. Calendar the deadline. Renewal lets you keep collecting for another 10 years.

16.9 Collecting from an out-of-state debtor (UEFJA)

To collect from an out-of-state debtor, you domesticate the judgment in the debtor's state under the Uniform Enforcement of Foreign Judgments Act (UEFJA). South Carolina follows UEFJA both ways. To bring a foreign judgment into South Carolina, file an authenticated copy with the Circuit Court clerk in the county; the clerk notifies the debtor, and the judgment becomes enforceable in South Carolina unless the debtor contests it within 30 days. To take your South Carolina judgment out of state, follow the other state's UEFJA procedure.

16.10 What's exempt from collection in South Carolina

South Carolina protects the following property from collection under S.C. Code § 15-41-30 and related statutes. South Carolina has opted out of federal bankruptcy exemptions, so the state schedule applies in state collection.

Many South Carolina debtors are effectively judgment-proof because wages aren't garnishable, retirement and Social Security are protected, and the homestead and wildcard exemptions cover modest equity. Run a quick collectability check before filing.

17. State-specific quirks and pitfalls in South Carolina

South Carolina has several rules that surprise filers: there is no separate small claims court (it's the Magistrates' Court), magistrates don't have to be attorneys, six-person jury trials are available in magistrate court, and South Carolina effectively bans wage garnishment for ordinary civil judgments. The single most important quirk: wage garnishment is off the table, so judgments against employed-only debtors can be very hard to collect.

Other quirks worth knowing:

• Corporations and LLCs can appear through an officer or authorized agent, no attorney required. Most states don't allow this.
• Appeals to Circuit Court are on the record, not a new trial. If the magistrate hearing wasn't recorded well, the appeal record may be thin.
• Formal discovery (interrogatories, depositions, requests for production) is generally not available in magistrate court. Be ready to make your case from what you already have.
• A counterclaim over $7,500 transfers the entire case to Circuit Court, except eviction (possession), which stays in magistrate court.
• Magistrates cannot grant injunctions or most equitable relief. Remedies are money and possession.
• A magistrate judgment does not create a real estate lien unless you docket it in Circuit Court with a Transcript of Judgment.
• Confession of judgment is permitted in magistrate court up to $7,500.
• There is no statewide e-filing for magistrate court. All filings are paper.
• An SCRA (servicemember) affidavit is required before default judgment can be entered.
• South Carolina has opted out of federal bankruptcy exemptions, so the state exemption schedule applies in state collection proceedings.

18. Sources and citations

1. Magistrate Court — South Carolina Judicial Branch. sccourts.org. https://www.sccourts.org/courts/trial-courts/magistrate-court/. Cited for: court structure, jurisdictional cap, forms index, magistrate procedures.

2. S.C. Code Title 22 Chapter 3 — Magistrates' jurisdiction. scstatehouse.gov. https://www.scstatehouse.gov/code/t22c003.php. Cited for: $7,500 magistrate jurisdiction, counterclaim transfer, scope of magistrate remedies.

3. Florence County Magistrate Court — Civil. florencecountysc.gov. https://www.florencecountysc.gov/offices/magistrate/civil/. Cited for: practical descriptions of magistrate vs. Circuit Court, eviction practice, filings and transfers.

4. S.C. Code § 15-3-530 — Statute of limitations. law.justia.com. https://law.justia.com/codes/south-carolina/2025/title-15/chapter-3/section-15-3-530/. Cited for: 3-year limitations period for most contract and tort claims.

5. S.C. Code § 36-2-725 — UCC statute of limitations (breach of warranty). law.justia.com. https://law.justia.com/codes/south-carolina/title-36/chapter-2/section-36-2-725/. Cited for: 6-year UCC limitations period with discovery rule.

6. S.C. Code § 34-11-75 — Dishonored check civil damages. law.justia.com. https://law.justia.com/codes/south-carolina/title-34/chapter-11/section-34-11-75/. Cited for: bad-check certified-mail demand and treble damages capped at $500.

7. S.C. Code § 27-40-410 — Security deposit return. law.justia.com. https://law.justia.com/codes/south-carolina/title-27/chapter-40/section-27-40-410/. Cited for: security deposit demand procedure and treble damages.

8. SC Judicial Branch — Court Forms. sccourts.org. https://www.sccourts.org/court-forms/. Cited for: SCCA700, SCCA701, SCCA703, SCCA705, SCCA707 and other magistrate forms.

9. University of South Carolina Guide — South Carolina Court Forms. guides.law.sc.edu. https://guides.law.sc.edu/sc-forms. Cited for: forms index and additional form references.

10. S.C. Code Title 41 Chapter 10 — Payment of Wages Act. scstatehouse.gov. https://www.scstatehouse.gov/code/t41c010.php. Cited for: wage claim statute of limitations and treble damages.

11. S.C. Code Title 15 Chapter 78 — Tort Claims Act. scstatehouse.gov. https://www.scstatehouse.gov/code/t15c078.php. Cited for: one-year government notice and filing rules.

12. Magistrate Court Rule 4 — Venue. sccourts.org. https://www.sccourts.org/resources/judicial-community/court-rules/magistrate/rule-4/. Cited for: venue rules for magistrate cases.

13. Magistrate Court Rule 23 — Subpoenas. sccourts.org. https://www.sccourts.org/resources/judicial-community/court-rules/magistrate/rule-23/. Cited for: subpoena procedure, witness fees, enforcement.

14. Magistrate Court Rule 18 — Appeals. sccourts.org. https://www.sccourts.org/resources/judicial-community/court-rules/magistrate/rule-18/. Cited for: 30-day appeal window and on-the-record review to Circuit Court.

19. Frequently asked questions

What is the maximum amount you can sue for in South Carolina small claims court?

The maximum amount you can sue for in South Carolina small claims court is $7,500. This cap applies in the Magistrates' Court under S.C. Code § 22-3-10. If your claim is bigger, you either waive the excess to stay in magistrate court or file in the Court of Common Pleas (Circuit Court).

How much does it cost to file a small claims case in South Carolina?

Filing a small claims case in South Carolina costs $80 for claims up to $2,500 and $160 for claims from $2,501 to $7,500 (S.C. Code § 8-21-1010). Service of process adds about $15 for sheriff service or about $8 for certified mail. Some counties add small surcharges. Fees can be waived for indigent filers.

How long do I have to sue in South Carolina small claims?

You have 3 years to sue on most contract and tort claims in South Carolina, including written and oral contracts, property damage, personal injury, and consumer fraud. Breach of warranty under the UCC is 6 years. Defamation is 2 years. The clock starts at breach, injury, or discovery, depending on the claim.

Do I need a lawyer for South Carolina small claims court?

You don't need a lawyer for South Carolina small claims court. The Magistrates' Court is designed for self-represented parties, and procedure is informal. Attorneys are allowed but not required. Even corporations and LLCs can appear through an officer or authorized agent without an attorney, which is unusual among states.

Can a business sue or be sued in South Carolina small claims?

A business can sue or be sued in South Carolina small claims as long as the amount is $7,500 or less. Corporations, LLCs, partnerships, and sole proprietors can all be parties. Notably, a business entity can appear through an officer or authorized agent without hiring a lawyer in magistrate court.

How do I serve the defendant in South Carolina?

To serve the defendant in South Carolina, you can use the sheriff (about $15), certified mail with restricted delivery sent by the clerk (about $8), a private process server, alternate service by court order, or publication as a last resort. In-county service requires at least 5 days before the hearing; out-of-county service requires at least 15 days.

How long does it take to get a hearing in South Carolina small claims?

Getting a hearing in South Carolina small claims typically takes about 60 days from filing, though timing varies by county and caseload. The defendant has 30 days to answer after service, and the trial is scheduled after that period. Busy counties can take longer.

What happens at a South Carolina small claims hearing?

At a South Carolina small claims hearing, the magistrate (judge) holds an informal bench trial. Both sides present their story, exhibits, and witnesses. The magistrate often asks questions of self-represented parties. Rules of evidence apply loosely. The magistrate usually rules from the bench or shortly afterward. A six-person jury is available if timely demanded.

What if the defendant doesn't show up in South Carolina?

If the defendant doesn't show up in South Carolina, the plaintiff can ask the magistrate for a default judgment. You'll need proof of service and an SCRA affidavit confirming the defendant isn't on active military duty. For unliquidated damages, the magistrate may take brief testimony to set the amount.

What if I miss my South Carolina small claims hearing?

If you miss your South Carolina small claims hearing as the plaintiff, the case is typically dismissed for failure to prosecute. If you miss it as the defendant, the plaintiff can get a default judgment against you. File a written request for a continuance before the hearing if you can't make it, showing good cause.

Can I appeal a South Carolina small claims judgment?

You can appeal a South Carolina small claims judgment to the Court of Common Pleas (Circuit Court) within 30 days under Magistrate Court Rule 18. The appeal is on the record, not a new trial. The Circuit Court reviews the magistrate's decision for legal error. An appeal bond may be required to stay collection.

How do I collect a South Carolina small claims judgment?

To collect a South Carolina small claims judgment, you request a Writ of Execution for the sheriff to levy non-exempt property, file a Transcript of Judgment in Circuit Court to lien real estate, levy bank accounts, and use a debtor's exam to find assets. Wage garnishment is generally not available for ordinary civil judgments in South Carolina.

Can I garnish wages in South Carolina?

Garnishing wages in South Carolina is effectively prohibited for ordinary civil judgments. Wages are not available to regular consumer or commercial creditors. Limited exceptions exist for child support, alimony, federal taxes, and certain narrow categories. This is one of the strongest debtor protections in the country.

How long is a South Carolina small claims judgment valid?

A South Carolina small claims judgment is valid for 10 years and is renewable. File a renewal action before the 10-year deadline to keep the judgment enforceable. If you don't renew in time, the judgment becomes uncollectable.

Can I sue a city or government agency in South Carolina small claims?

You can sue a city, county, or state agency in South Carolina small claims only if you first comply with the South Carolina Tort Claims Act (S.C. Code § 15-78-80). That includes serving a written notice within one year of the incident. Skip the notice or send it late and your case is barred.

Do I have to send a demand letter before filing in South Carolina?

You don't have to send a demand letter for most South Carolina small claims, but it's strongly recommended. Two situations require pre-suit demand: bad checks under S.C. Code § 34-11-75 (certified mail, 30-day cure) and security deposit cases under § 27-40-410 (tenant must give forwarding address). Even when optional, magistrates expect to see one.

What forms do I need to file in South Carolina small claims?

The forms you need to file in South Carolina small claims are the SCCA700 Summons and the SCCA701 Complaint. If you can't afford fees, also file the In Forma Pauperis affidavit. Defendants use SCCA703 (Answer) and SCCA705 (Counterclaim). All are free at sccourts.org/court-forms.

Can I file South Carolina small claims online?

You cannot file South Carolina small claims online. Magistrate court is paper-only across all counties. The statewide e-filing portal handles only Circuit Court and higher courts. You must file in person, by mail, or in some counties by drop box.

Does South Carolina small claims have a jury?

South Carolina small claims has a six-person jury if either party timely demands one. That's unusual for a small claims style court. Most cases are tried before the magistrate alone, but if you want a jury, you must request it in writing within the time set by court rule.

What's the South Carolina security deposit penalty?

The South Carolina security deposit penalty under S.C. Code § 27-40-410 is up to three times the wrongfully withheld portion plus reasonable attorney's fees. To unlock this remedy, the tenant must provide a forwarding address and demand return; the landlord has 30 days to return the deposit or itemize deductions in writing.

20. When to call a lawyer (and disclaimer)

This guide is enough for most routine disputes: an unpaid invoice under $7,500, a security deposit return, minor property damage, a bad check, a small consumer fraud claim. The Magistrates' Court is designed for people without lawyers, and the magistrate will help you through the process.

Call a lawyer if your claim is near the $7,500 cap and you want to be sure you're not leaving money on the table, your statute of limitations is unclear, the defendant is a government agency, your case involves a complex contract or business relationship, you face a counterclaim over $7,500 that will transfer the case to Circuit Court, or you expect collection to be difficult and want strategic advice before filing.

For low-cost legal help in South Carolina, check South Carolina Legal Services (sclegal.org) for income-eligible clients, the South Carolina Bar Lawyer Referral Service (scbar.org), and the University of South Carolina School of Law clinics for matters within their scope. Some counties have community mediation centers that handle disputes outside court.

This guide is general legal information about South Carolina small claims procedure, not legal advice for your specific case. Reading it doesn't create an attorney-client relationship. Laws and court fees change. Confirm current rules with the magistrate clerk in your county before filing.

This guide is general information about South Carolina small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in South Carolina for advice about your specific situation.