Small Claims Court in South Carolina: Complete Guide

Quick Facts

• Court nameMagistrate Court
• Dollar limit$7,500
• Filing fee$25 to $80
• Lawyers allowedYes
• Appeals allowedYes
• Corporations can sueYes

Where to File

The magistrate court in the county where the defendant resides or where the cause of action arose.

How to File

File a complaint at the magistrate court clerk's office. Pay the filing fee. The court will serve the defendant through the sheriff or by certified mail.

Tips for Your Case

• South Carolina uses magistrate courts for small claims matters.
• Lawyers are allowed and are sometimes used for larger claims.
• Bring all evidence organized clearly.
• You may request a jury trial in South Carolina magistrate court.
• If you win, South Carolina allows execution on property and garnishment.

Related Resources

• Statute of limitations in South Carolina
• Free legal aid in South Carolina
• Tenant rights in South Carolina

Frequently Asked Questions

• What is the maximum amount I can sue for in South Carolina magistrate court?

  The maximum amount you can sue for in South Carolina magistrate court is $7,500.

• Do I need a lawyer for magistrate court in South Carolina?

  Lawyers are allowed but not required in South Carolina magistrate court.

• How much does it cost to file in South Carolina magistrate court?

  Filing fees range from $25 to $80.

• Can I appeal a magistrate court decision in South Carolina?

  Yes. Either party can appeal to the circuit court within 30 days.

Sources

• South Carolina Judicial Branch