South Carolina Small Claims Court Information

  • Statues: South Carolina Code Annotated, Title 22, Ch. 3, Article 1, Sections 10-30; Title 22, Ch. 3, Article 3, Sections 110-320; Title 15, Ch. 7, Sections 10-30; 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. When defendant is a nonresident, where the injury occurred or where plaintiff resides at the time the action occurred. In suit to recover personal property, where property is located. Corporation resides where it does business.
  • Service: Certified mail with return receipt requested; personal service by 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 30 days (5 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. 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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