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South Carolina Small Claims Court

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Statues: South Carolina Code Annotated, Title 22, Ch. 3, Article 1, Sections 10-30; Title 22, Article 3, Sections 110-320; Title 15, Ch. 7, Article 1, Section 30; Title 18, Ch. 7, Article 1, Section 20; Administrative and Procedural Rules for Magistrate's Court, Rules 1-19.

Dollar Limit:: $7,500; none in landlord-tenant cases. Where To Sue: Where defendant resides. Nonresident defendants Where plaintiff designates. To recover personal property Where property is. Corporation resides where it does business.

Service: Certified or registered mail, sheriff, deputy, attorney in case or court-approved disinterested adult.

Hearing Date: Set by court.

Attorneys: Allowed.

Transfer: If defendant counterclaims for more than $7,500, case tried under docket of common pleas.

Appeals: By either side for review of law, not facts; to Circuit Court within 30 days.

Special Provisions: Jury trial available. Defendant must answer within 20 days (30 days if claim is for less than $25) or lose by default. No cases for more than $100 against the state and no real estate cases.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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May 11 2008

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