South Carolina Small Claims Court: Complete Filing Guide

Jurisdiction: South Carolina

Filing a Small Claims Case in South Carolina's Magistrate Court

South Carolina's Magistrate Court is the state's small claims forum, handling disputes that don't warrant full civil litigation in higher courts. Understanding the procedural requirements—from filing through judgment enforcement—is essential for pro se litigants navigating these courts without attorney representation.

Jurisdictional Limits and Case Types

Magistrate Court has jurisdiction over civil claims not exceeding $7,500, as established in S.C. Code Ann. § 22-3-10. This amount includes the principal claim plus interest and costs, but excludes attorney fees unless specifically authorized by statute or contract.

Cases that qualify for Magistrate Court include:

Contract disputes: unpaid invoices, breach of service agreements, loan defaults

Property damage claims: vehicle accidents, damage to personal property, landlord-tenant disputes over security deposits

Debt collection: outstanding credit card balances, medical bills, personal loans

Conversion and replevin: recovery of personal property wrongfully taken

Evictions: unlawful detainer actions (though these have specialized procedures under S.C. Code Ann. § 27-40-710 et seq.)

Claims exceeding $7,500 must be filed in District Court (S.C. Code Ann. § 22-3-20). Claims under $100 may be brought in Magistrate Court, but a plaintiff cannot recover more than what the evidence supports, even if the jurisdictional amount is higher.

Venue: Where to File

Venue rules determine which Magistrate Court location has authority over your case. Under S.C. Code Ann. § 22-3-30, you may file in Magistrate Court in the judicial district where:

The defendant resides (most common basis for venue)

The defendant is employed

The defendant conducts business

The cause of action arose (where the contract was signed, the debt incurred, or the injury occurred)

If unsure which district applies, filing in the defendant's residence is the safest choice. Filing in an improper venue may result in dismissal or transfer to the correct court, delaying resolution.

Step-by-Step Filing Process

Obtaining Forms and Documentation

Magistrate Court forms are available through:

Your local courthouse clerk's office (check the county court website for the judicial district)

The South Carolina Judicial Department website

The individual Magistrate Court in your district

The essential form is the Magistrate Court Summons and Complaint (sometimes called a "Warrant of Summons" or "Civil Action Form"), which combines the complaint and summons in one document.

Preparing Your Complaint

Your complaint should include:

Case caption: Name of plaintiff and defendant, case number (left blank initially—the clerk assigns it)

Factual basis: Clear, concise description of what happened and why the defendant owes you money or is liable

Amount sought: The specific dollar amount, broken down if helpful (e.g., "$3,000 for repairs + $200 in costs")

Legal theory: Reference the law supporting your claim (e.g., "breach of contract" or "negligence causing property damage")

Your contact information: Address, phone number

Avoid lengthy narratives; judges in Magistrate Court prefer clear, chronological facts. Include relevant dates and transactions.

Filing at the Courthouse

Visit the Magistrate Court clerk's office in the proper judicial district with:

1. Original complaint form (and copies as required by local practice)
2. A check or money order for filing fees
3. Government-issued photo identification

The clerk will verify jurisdiction, assign a case number, and schedule a hearing date. South Carolina does not use the federal civil rules in Magistrate Court; procedures are streamlined.

Filing Fees

Filing fees vary by the amount in controversy under S.C. Code Ann. § 22-3-70:

Claims up to $500: approximately $50–$75

Claims $500–$2,500: approximately $75–$100

Claims $2,500–$7,500: approximately $100–$150

Exact fees depend on the specific judicial district and are set by local court rules. Contact your local Magistrate Court clerk for the precise fee applicable to your case. If you cannot afford fees, you may request a fee waiver if you qualify as indigent.

Service of Process Requirements

You must serve the defendant with a copy of the summons and complaint. Unlike higher courts, Magistrate Court allows informal service methods:

Personal service: Handing the documents directly to the defendant

Certified mail: Sending via certified mail, return receipt requested

Substituted service: Leaving documents with a responsible adult at the defendant's residence

Service at place of business: Delivering to a business address where the defendant conducts business

Do not serve the defendant yourself if emotionally involved in the dispute. Consider hiring a process server ($50–$150 typically) to avoid later disputes about proper service.

The defendant must receive service at least 10 days before the hearing date (S.C. Code Ann. § 22-3-40). Proof of service (certified mail receipt, process server affidavit) must be filed with the court before or at the hearing.

Attorney Representation

Unlike some state small claims courts, South Carolina Magistrate Court permits attorney representation. However, many pro se litigants represent themselves successfully. If you hire an attorney, remember that Magistrate Court judges are accustomed to informal self-representation and may not penalize pro se litigants for technical errors, provided your evidence is clear.

Hearing Procedures

What to Bring

Original documents: Contracts, invoices, repair estimates, receipts, photographs, text messages, emails

Copies: Provide copies for the judge and defendant

Witnesses: Bring anyone with firsthand knowledge (not hearsay)

Photos and diagrams: Visual evidence of property damage is powerful

Written statements: If a witness cannot attend, a signed statement may help (though in-person testimony is preferred)

Order of Proceedings

The magistrate will typically follow this sequence:

1. Call the case and verify the parties' presence
2. Plaintiff's presentation: You explain your claim, present documents, and examine witnesses
3. Defendant's response: Defendant presents their defense, documents, and witnesses
4. Rebuttal: You may briefly respond to the defendant's evidence
5. Argument: Both sides summarize their position
6. Ruling: The magistrate announces the decision from the bench or sets a date for written judgment

Magistrate Court hearings are informal. No court reporter typically present; the magistrate keeps notes. Stick to the facts: name dates, amounts, and direct quotes when possible.

Rules of Evidence

Magistrate Court applies relaxed rules of evidence (S.C. Code Ann. § 22-3-60). Hearsay and documents that would be inadmissible in higher court may be considered if the magistrate finds them probative. However, your own testimony and physical evidence (contracts, photographs, receipts) carry the most weight. Avoid speculation; stick to what you personally know.

Default Judgment

If the defendant fails to appear at the hearing, you may request a default judgment in your favor. Bring proof of service (certified mail receipt or process server affidavit) and a brief statement that the defendant was properly served and did not appear. The magistrate will enter judgment against the defendant for the amount you request, provided it doesn't exceed your damages and the jurisdictional limit.

Default judgments are final unless the defendant files a motion to set aside within a specified period, usually based on excusable neglect.

Counterclaims

The defendant may assert a counterclaim (a claim against you) up to the Magistrate Court's $7,500 limit. You will have the opportunity to respond. If the counterclaim exceeds $7,500, it may be transferred to District Court or dismissed as to the excess.

Judgment Entry and Timing

The magistrate will announce the ruling orally at the conclusion of the hearing. A written judgment is typically mailed to both parties within 5–10 business days. Judgment is effective when entered in the court's records, not when you receive it.

Interest accrues on the judgment at the rate specified by S.C. Code Ann. § 34-6-10 (currently 8.75% per annum unless a contract specifies otherwise) from the date judgment is entered.

Judgment Enforcement

Wage Garnishment

You may garnish the defendant's wages by filing a Garnishment of Wages action in the same Magistrate Court. South Carolina allows garnishment up to 25% of the defendant's disposable wages under federal guidelines (S.C. Code Ann. § 34-39-100 et seq.). The employer is required to withhold and remit funds to the court.

Bank Levies

A bank levy (or garnishment against a financial institution) freezes funds in the defendant's account up to the judgment amount. File a Garnishment Summons with the Magistrate Court, naming the bank as the garnishee. The bank must respond within 10 days, identifying funds subject to levy.

Property Liens

You may file a judgment lien against the defendant's real property by recording the judgment in the Register of Deeds office in the county where the defendant owns property. The lien attaches to the property and may be satisfied if the property is sold. Judgment liens remain effective for 10 years in South Carolina (S.C. Code Ann. § 15-39-410) and may be renewed before expiration.

Appeal Rights

The defendant (and in limited circumstances, the plaintiff) may appeal a Magistrate Court judgment to the District Court within 30 days of judgment entry (S.C. Code Ann. § 22-3-80). An appeal is a new trial de novo, meaning the District Court reviews the case from the beginning without deference to the magistrate's findings. Appeal bonds may be required.

Appeals are uncommon in small claims because the judgment amount rarely justifies the cost and delay of District Court litigation.

Practical Tips for Success

Organize evidence chronologically: Create a timeline of events and match documents to dates

Bring multiple copies: Provide the judge, the defendant, and yourself copies of key documents

Prepare a brief summary: Write a one-page outline of your claim; refer to it during the hearing to stay focused

Arrive early: Know the courtroom location and arrive 15 minutes before your hearing

Dress professionally: First impressions matter; wear business casual attire

Speak clearly and slowly: Avoid slang, emotional outbursts, and interrupting the defendant

Stick to relevant facts: Avoid character attacks or unrelated grievances

Keep receipts and communication: Save contracts, emails, text messages, and payment records for future disputes

Key Takeaways

Magistrate Court jurisdiction is capped at $7,500; file in the district where the defendant resides, is employed, conducts business, or where the dispute arose

Filing requires a complaint form, filing fee ($50–$150), and proof of service; use certified mail or a process server to ensure the defendant receives notice at least 10 days before the hearing

Hearings are informal with relaxed evidence rules; bring original documents, photographs, and witnesses, and present facts clearly and chronologically

Default judgments are available if the defendant doesn't appear; judgment includes prejudgment interest and can be enforced through wage garnishment, bank levy, or property lien

Appeals to District Court are available within 30 days but are uncommon due to cost and delay