South Carolina Small Claims

Small claims is South Carolina’s simplified legal process for resolving civil disputes. Like other states, South Carolina has an explicit framework and laws for small claims. This knowledge is significant for consumers, landlords and tenants, contractors, and small businesses. It helps them to recover money or personal property without the expense of full civil litigation.

What Is a Small Claims Court in South Carolina?

In South Carolina, small claims are heard on the Magistrate Court civil docket (often called “Small Claims”), with uniform statewide rules and local court practices. Magistrate Courts hear civil matters, including money owed and contract disputes, security deposit issues, simple workmanship claims, non-sufficient funds check claims, and replevin for personal property. Landlord-tenant cases are also handled in the Magistrate Court, though possessory actions follow special timelines.

Most litigants appear pro se, and local courts provide plain-English instructions and forms to the public.

Small Claims Court Limits in South Carolina

There is a statewide civil jurisdictional ceiling for the Magistrate Court of $7,500.Individuals must file their small claims case in the county where the defendant lives/does business, or as otherwise permitted by the rules.

Magistrates do not have jurisdiction when the title to real property comes into question.They generally cannot hear cases where the state is a party.

How to File a Small Claims Case in South Carolina

There are several steps that individuals must take to file their small claims cases in South Carolina. These steps include:

• Choose the proper Magistrate Court. Individuals must identify the local county Magistrate Court that covers the dispute or defendant.
• Prepare the summons and complaint forms. Individuals may obtain forms from the South Carolina Judicial Branch’s Court Forms. They may also contact the clerk’s office for forms such as a Complaint Form, which is widely used for cases involving money owed. Additional information is available at the clerk’s office. Note that the clerks do not provide legal advice; individuals may consult an attorney for more detailed legal information.
• File and pay fees. Filing fees are uniform throughout the state, with local courts publishing clear totals. Individuals are advised to check their local county’s page for the current amount. If they are unable to pay the filing fee, they may apply for a fee waiver. They must file a Motion and Affidavit to Proceed In Forma Pauperis Form along with their financial declaration to the court.
• Serve the defendant correctly. When an individual has properly filed their complaints, the Magistrate's Court will issue a summons. A copy of the original summons, complaints, and any other attached documents must be served to each defendant. According to Rule 6, this process (known as service of process) may be served by:
  • Sheriff’s Department. It is done by the local sheriff’s department in the county where the defendant lives or resides. This service attracts a fee.
  • Private Process Server. The plaintiffs may use the telephone book to find a private process server who will charge them a fee to serve papers to the defendant.
  • Certified Mail. The plaintiff may send the documents using certified mail with restricted delivery and request a return receipt. They must attach the return receipt to the notarized affidavit and file it with the Magistrates' Court.
  • Publication. If all methods listed above fail, the plaintiff may serve the defendant by publication. To serve by publication, they must first file a “Petition for Order by Publication” with the Court.
• Answer deadline. Unless a statute or order sets a different period, a defendant must file an Answer within 30 days after service in the Magistrate Court.
• Are lawyers required? No. Parties may hire counsel, but small claims is designed for self-represented litigants.

Small Claims Court in Major South Carolina Cities

Some examples of small claims courts in major cities in the state include:

• Charleston & North Charleston: Individuals may file their small claims cases at the Charleston County Magistrate Court. The current filing fee is listed as $80.
• Columbia Richland County (Columbia): Central Magistrate Court handles small claims and landlord-tenant matters in this city.
• Lexington: The Magistrate Court Services in the County of Lexington deal with small claims cases in the city. The court posts rules and printable forms on its website.

What to Expect at a Small Claims Hearing in South Carolina

Small claims hearings are informal. It starts with the presentation of the one who is suing (plaintiff) and is followed by the one who is being sued (defendant). All exhibits (such as contracts, invoices, photos, text/email printouts, or repair estimates) must be labelled and organized along with any witnesses. The plaintiff must bring all county FAQ sheets, original complaints, and summons to court.

If a properly served defendant does not appear, the court may enter default judgment. In the absence of the plaintiff, dismissal is common. A party has 30 days to appeal a Magistrate Court civil judgment to the Circuit Court (Court of Common Pleas). The parties must file their appeal with the Circuit Court Clerk. Magistrate judgments are enforceable like other civil judgments (they may be executed within three years).

How to Search for Small Claims Records in South Carolina

Small-claims dockets are presumptively public, although sealed or confidential items will not appear online to the public. Individuals may view details such as case number, parties, register of actions, settings, and dispositions. They may visit any of the following channels to access the small claims records:

• Statewide Public Index hub. This is the official source for court records. Individuals may proceed to the Case Records Search Page or go directly to the Public Index and choose their county (such as Charleston or Greenville).They may check the Public Index Search Help Page to confirm if their Magistrate Court’s records are listed in the public index. The Public Index provides case status and certified copies of the Magistrate Court to the public.
• County Public Index portals. Many counties in South Carolina have a public index for court records. Examples include Hampton County and Horry County. Individuals may use these portals to access court records.
• The Clerk of Court. The Magistrate Court clerk maintains the official small-claims file for every case. For certified copies, individuals may request them in person or by mail from the clerk’s office.
• Beware of third-party websites. Several non-government pages mimic official portals; counties warn that the Public Index is the correct government source.