Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. Small claims court solves this problem. The small claims court procedures are simplified, quick, and inexpensive, making it an excellent forum for straightforward disputes, such as security deposit cases or automotive repair disputes.
What Is the Dollar Limit in South Carolina Magistrates Small Claims Cases?
Because of the relaxed procedures, you won’t be able to recover as much as you would in other courts. You can recover up to $7,500 in a small claims court action in Magistrates Court, the court that handles small claims cases in South Carolina. (S.C. Code § 22-3-10 (2025).)
If you’d like to recover more, you must go to a higher court. However, it might not be worth the effort required to learn the complicated rules or the cost of hiring an attorney.
What Type of Claim Can I Bring in a South Carolina Magistrates Court?
Almost any matter that can be resolved by awarding money is fair game. Small claims court is often used to recover unpaid debts, wages, security deposits, and medical costs after minor injuries, such as dog bites. For instance, small claims court works well if you want reimbursement for your rental unit’s broken fence after an unapproved Airbnb party or for a door ding incurred in a parking lot.
Landlords can also file eviction lawsuits in South Carolina Magistrates Court. (S.C. Code § 22-3-10 (2025).)
On the other hand, small claims court probably won’t be the proper forum if you want something other than money. For example, you must go to a family law court if you want to file for divorce or change child custody.
Also, typically, most small claims courts won’t allow you to ask for punitive or “punishment” damages, bring libel or slander actions, or sue a governmental entity. Because the actions you can bring in small claims court vary by state, check your local small claims court website for specifics.
How Do I File a Small Claims Action in South Carolina?
The first step is filling out the necessary forms for your claim and paying the required fees. The claim is called a “complaint.” You'll need the name and address of the defendant (the person or business you're suing) and details about your claim, including the date the claim arose and the amount you intend to ask for, known as your "damages." Because each small claims court has its own local rules, and some have specific forms, more particulars might be needed.
If you are at least 18 years old and asking for less than the small claims court limit, you can file a claim in South Carolina’s small claims court. Those under 18 must be emancipated or have a parent or guardian file on their behalf.
Also, most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims courts. Consult your small claims court clerk or website for special rules for businesses.
How Much Time Do I Have to File a Small Claims Action in South Carolina?
You have only a limited amount of time to file a lawsuit because you must bring it within the “statute of limitations” period. Limiting time helps courts resolve cases while memories are fresh and evidence is still available.
How many years you'll have under the statute of limitations will depend on whether it's an injury or property damage case, an oral or written contract matter, or another cause of action. (Here are the statutes of limitations for some common causes of action in South Carolina.)
Also, the rules aren't always as simple as they seem. For instance, the statute of limitations will stop temporarily or “toll” in certain situations, such as when the plaintiff is a minor or incarcerated.
Caution: Check the applicable statute of limitations carefully. When conducting statute of limitations research, be thorough. You’ll lose the ability to pursue your case if you rely on the wrong statutory period and file too late.
Which South Carolina Magistrates Court Should I File In?
In South Carolina, you’ll file your small claims matter in the South Carolina Magistrates Court. If you choose the wrong location, or "venue," the defendant can ask the court to move or dismiss the action.
The following are the general venue rules of the South Carolina Magistrates Court:
- A plaintiff will file the case in the county where at least one defendant resides or in the county where the most substantial part of the cause of action arose.
- A plaintiff who files against a domestic company must file in the county where the business has its principal place of business.
(South Carolina Rules of Magistrates Court, Rule 4 (2025).)
If the defendant is a non-resident of South Carolina, or if the defendant's residence is unknown, other rules will apply, and there might be other exemptions. Consider reviewing the small claims court website, contacting the court clerk or self-help center, or speaking with a lawyer to ensure you file your action correctly.
How Do I Serve My Small Claims Action in South Carolina?
You must inform the defendant when and where to appear in the small claims action in a procedure known as “service of process.”
In South Carolina, you have several options for completing service of process. You can have a commercial delivery service or the sheriff, the sheriff's deputy, a magistrate's constable, or another disinterested adult personally serve the paperwork on the defendant. Or you can mail it by certified mail, return receipt requested, and with delivery restricted to the addressee.
Be sure to confirm with the court clerk that you’re filing in the right court and using the appropriate form of service. Also, don’t leave without knowing how much time you have to serve the paperwork and when you must file the proof of service, the document that tells the court that the defendant received notice of the hearing and claim.
Does the Defendant Need to Respond to a Small Claims Action in South Carolina?
Defendants can file a response by the date stated in the summons, but they're not required to do so. Instead, the defendant can attend the hearing and offer a defense. But defendants who intend to make a counterclaim must submit an answer and file the counterclaim with the court within 30 days from the date of service or the date stated in the summons. (South Carolina Rules of Magistrates Court, Rule 7 (2025).)
If you're the defendant in a small claims case, you should also check with your court to determine if there is anything you must do to avoid a default judgment against you.
Find out more about defending a small claims action.
How Do I Get Ready for Trial in Small Claims Court?
If you don’t want a judge to hear your matter, you’re in luck. The South Carolina Magistrates Court is one of the few small claims courts that allows a trial by jury. Either side can ask for a jury trial, but the request must be made at least five working days before the scheduled trial. Check with the court about jury fee deposits and other possible requirements. If you don't request a jury trial, a judge will hear the claim. (South Carolina Rules of Magistrates Court, Rule 13 (2025).)
Most people don't enjoy appearing in court, and stress can run high. The best way to ensure that you'll do well before the judge or jury is through careful preparation. Consider doing the following:
- preparing a compelling statement
- gathering documents and evidence, such as contracts, credit card statements, and photographs
- selecting reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard (they might be able to submit a statement)
- deciding on the order in which you will present your evidence, and
- preparing what you will say in court.
Also, outline the points you plan to make to avoid missing anything and organize the exhibits you want to introduce according to when you'll use them.
It's a good idea to educate yourself on the basic rules of evidence because they apply in small claims court. However, proving your “damages” or the amount you've lost can be simpler because the judge can consider estimates, bills, and other loss statements.
What Happens If the Other Side Doesn’t Show Up?
You'll likely win by default. However, you won't automatically get the requested claim amount. Be prepared to "prove up" your damages. You'll explain to the court how you determined the amount of loss and present supporting evidence.
What Happens If I Win My South Carolina Small Claims Case?
The judge will order the other party to pay a specified amount if you win. Some judges announce the decision immediately following the hearing. However, in most courts, the clerk will “enter” or file and mail the judge's decision a few days after the hearing.
How Do I File a South Carolina Small Claims Court Appeal?
If you disagree with the outcome of the case, you can appeal. But you'll have to move fast. You'll lose your rights if you don't file an appeal on time. South Carolina law allows either party to file an appeal within 30 days after delivery of the written notice of judgment to the party or the party’s attorney. (South Carolina Rules of Magistrates Court, Rule 18 (2025).)
Caution: Check the dates carefully. You must comply with appeal requirements explicitly. If you're unsure about the appeal process, follow up with the self-help center or a local attorney.
How Do I Collect a Money Judgment?
Ideally, all will go smoothly, and you’ll emerge the victor. But the matter won't be over if the defendant isn't willing to pay the court judgment because the court won't collect the money judgment for you. You'll need to take steps to collect the money judgment.
If you analyzed your chances of getting paid before filing, you likely determined that the defendant wasn't “judgment proof” or someone who doesn't have collectible assets. However, not every plaintiff does this research beforehand. Either way, the next step is learning how to collect your small claims money judgment.
Most people try to levy a bank account or garnish wages first because these approaches are usually more fruitful than trying to recover property. If you don't know where to find the defendant's assets, your court will likely have a discovery process that will let you find out.
Can I Hire a Lawyer to Represent Me in Small Claims Court in South Carolina?
If you’re uncomfortable representing yourself, you can hire a lawyer. Legal counsel can represent claimants in South Carolina small claims court. Friends and family are typically good referral sources when you need a lawyer, but you can also try an online directory.
Where Can I Find Out More About South Carolina Small Claims Court?
You can find the South Carolina small claims law online on the South Carolina Legislature's website. See S.C. Code §§ 15-3-510 to 15-3-320; 15-7-30; 18-7-10 to 18-7-30; and 22-3-10 to 22-3-320. And check the South Carolina Rules of Magistrates Court, Rules 1 to 24.
Most small claims courts have some self-help service available, and that's usually a good place to start. Try the South Carolina Judicial Branch's self-help resources page (scroll down to the "Magistrates Court" tab) to get started.
You’ll also find detailed small claims information in Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo). It includes helpful tips covering all aspects of the small claims process, including preparing a compelling case and collecting the money when you win.