How to File Small Claims Court in South Carolina (2026 Guide)

South Carolina does not have a court called “small claims court.” What every other state in this guide series calls by that name, South Carolina calls the Magistrate Court — its court of limited jurisdiction that handles civil disputes up to $7,500. The Magistrate Court is South Carolina’s small claims court. The informal procedures, the relaxed evidence rules, the self-representation design, and the modest filing fee are all there. But if you search for “small claims court” on the South Carolina Judicial Branch website, you will be redirected to information about the Magistrate Court, because that is the correct term for this state.

South Carolina’s Magistrate Court also has something that most states in this guide series restrict heavily: the right to a jury trial. Both the plaintiff and the defendant can request a jury trial in Magistrate Court. The request must be made in writing at least five working days before the trial date, and additional jury fees are required. This is not a trivial right — it is a meaningful option that changes how cases with genuinely contested facts play out. Understanding before you file whether your dispute is the type that might benefit from a jury, or whether you should expect the defendant to request one, changes how you prepare.

What Is Magistrate Court in South Carolina?

The Magistrate Courts act as small claims courts throughout the state. In general, you cannot file a claim in the Magistrate Court if it exceeds $7,500, except in some landlord-tenant cases. Every South Carolina county has Magistrate Courts — often multiple locations within a single county. Cases are heard by a magistrate judge. There are no juries unless specifically requested. The process is informal and designed for self-represented parties.

The Magistrate Court uses informal rules of procedure compared to a Court of Common Pleas. The informality allows many litigants to represent themselves instead of hiring an attorney. Parties may hire attorneys if they wish.

Common disputes handled in South Carolina Magistrate Court include:

• Security deposit disputes between landlords and tenants
• Evictions and unpaid rent — handled in the same Magistrate Court as money claims
• Unpaid invoices for goods, services, or completed work
• Vehicle damage from accidents or negligent auto repairs
• Breach of written or verbal contracts
• Consumer disputes over defective products or undelivered services
• Personal loans between individuals that went unpaid
• Recovery of personal property — claim and delivery actions
• Minor personal injury claims such as dog bites

South Carolina Magistrate Court Limit in 2026

You can ask for up to $7,500 in a small claims action in the South Carolina Magistrates Court. Plaintiffs with claims exceeding the limit can use small claims court if they’re willing to accept the $7,500 maximum. Otherwise, they must file in a higher court. (S.C. Code § 22-3-10 (2025).)

Evictions and all other types of landlord-tenant disputes are heard in South Carolina Magistrates Court. (S.C. Code § 22-3-10 (2025).) Unlike most states where evictions must go to a separate housing court, South Carolina’s Magistrate Court handles evictions — called ejectment or unlawful detainer actions — alongside money claims, with no dollar limit on the rent amount at issue.

For claims above $7,500, you must file in the Court of Common Pleas, which handles general civil litigation. The Court of Common Pleas involves formal civil procedure rules, discovery, and significantly higher costs — a one hundred and fifty dollar ($150.00) filing fee is due when a lawsuit is initially filed in the Court of Common Pleas, with additional attorney and procedural costs likely needed.

South Carolina Magistrate Court Filing Fees in 2026

The filing fee is $80.00, which includes a $10.00 service fee. Small claims filings within magistrate court carry a filing fee of approximately $80 for claims up to $7,500, though clerks should be consulted for current figures since the General Assembly adjusts amounts by statute.

Step-by-Step: How to File Small Claims Court in South Carolina

South Carolina’s process is well-organized and the Sheriff’s Office handles service automatically after filing. The distinct features to understand before filing: the 30-day written answer requirement from the defendant, the jury trial right available to both sides, and the 10-day window to request the case be reopened with good cause after trial.

Step 1 — Send a Demand Letter First

South Carolina does not legally require a demand letter before filing, but it is consistently the most practical first step. It gives the defendant a documented final opportunity to pay voluntarily before court involvement begins, creates a dated paper trail demonstrating good faith, and sometimes resolves the dispute entirely before filing.

For security deposit disputes, South Carolina Code § 27-40-410 governs landlord obligations under the Residential Landlord and Tenant Act in counties where the Act applies. Note that the South Carolina Residential Landlord and Tenant Act applies only in specific counties — including Richland, Lexington, Greenville, and Charleston counties among others — not statewide. In applicable counties, landlords must return the deposit within 30 days of the tenant vacating, along with an itemized statement of deductions. In non-RLTA counties, common law governs. Confirm which regime applies in your county before calculating your potential claim amount and drafting your demand letter.

Step 2 — Identify the Correct Magistrate 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).)

Within each county, there may be multiple Magistrate Court locations. You must file in the magistrate court with jurisdiction over the defendant’s address. For example, the defendant must be a resident of Beaufort County located in the jurisdiction of the Bluffton Magistrate for a case filed at that specific court. Use the South Carolina Judicial Branch’s court locator at sccourts.org to find the specific Magistrate Court covering the defendant’s address within the county.

For major South Carolina cities and counties:

• Columbia (Richland County): Richland County Magistrate Court — sccourts.org/counties/richland
• Charleston County: Charleston County Summary Courts — charlestoncounty.org
• Greenville County: Greenville County Magistrate Court — greenvillecounty.org
• Spartanburg County: Spartanburg County Magistrate Court — spartanburgcounty.org
• Horry County (Myrtle Beach area): Horry County Magistrate Court — horrycounty.org

For businesses, verify the exact registered legal name through the South Carolina Secretary of State’s business search at businessfilings.sc.gov. If filing against a corporation, the service must be upon a corporate officer or registered agent and the proper name must be listed in the Complaint.

Step 3 — Complete the Complaint Form

The plaintiff begins their small claims case by filing a Complaint in an appropriate Magistrate Court. The Complaint form is available online or at the courthouse. Each South Carolina county’s Magistrate Court typically has its own version of the complaint form, though the required information is the same statewide.

The Complaint must include:

• Your full legal name and current address
• The defendant’s full legal name — exactly as it appears on official records — and current address
• For corporations: the name of the registered agent and address where service should be sent
• The exact dollar amount you are claiming (not to exceed $7,500)
• A brief, factual description of the dispute — what happened, when it happened, and why the defendant owes you the money
• Any work address for the defendant that you wish the court to attempt service at

Submit the original and one copy of the complaint packet. Any attachments must also be in duplicate. Please provide the Court with a clear and accurate address for the defendant.

If the Complaint form needs to be notarized and you do not have a notary available, it can be done in the clerk’s presence for an additional two dollars ($2.00).

Step 4 — File and Pay

Bring your completed Complaint, duplicate copies, and payment to the Magistrate Court clerk’s office. Pay the filing fee — approximately $80, which includes the service fee. Confirm acceptable payment methods before arriving — most South Carolina Magistrate Courts accept cash and money orders; some accept checks or credit cards. Confirm with your specific court.

Once filed, the Small Claims Court will issue a summons when the complaint is filed and the summons requires the defendant to answer the complaint within thirty (30) days after the date of service.

Step 5 — Sheriff’s Office Handles Service

The Summons is served by the Beaufort County Sheriff’s Office. In South Carolina, the Sheriff’s Department serves civil process as the default method — you do not need to hire a separate process server or arrange certified mail. The $10 service fee included in your filing fee covers this.

After service is attempted, one of two things happens:

• Successful service: The defendant is served and the 30-day answer clock begins running.
• Failed service: The Court will send a notice of non-service when a Complaint is returned, which requires the Plaintiff(s) to submit a new address along with a $10.00 service fee within thirty (30) days from the date of the letter; otherwise, the case will be dismissed.

Check with the court a week before the 30-day answer deadline to confirm that service was completed. Do not assume service succeeded simply because you have not heard otherwise.

Step 6 — The Defendant’s 30-Day Written Answer

After being served, the defendant has 30 days to respond. The Small Claims Court will issue a summons when the complaint is filed and the summons requires the defendant to answer the complaint within thirty (30) days after the date of service. The defendant must answer in writing and a clerk is available at the Small Claims Office to assist a party if needed.

Three important aspects of the defendant’s response in South Carolina:

• Written answer required: Unlike New Jersey (no written answers) and Wisconsin (return date appearance), South Carolina requires defendants to file a written answer within 30 days to avoid default. A defendant who simply plans to show up without filing a written answer risks default judgment being entered before the trial date.
• Counterclaim deadline: If the defendant is making a counterclaim, they must submit an answer and file the counterclaim with the court within 30 days from date of service or the date stated in the summons. (South Carolina Rules of Magistrates Court, Rule 7 (2025).)
• Counterclaim within limits: If the defendant has a claim against the plaintiff arising from the same facts the defendant may file a counterclaim in writing with the court at the same time the answer is filed. If the counterclaim exceeds $7,500, the case may need to transfer to the Court of Common Pleas.

Step 7 — The Jury Trial Option

South Carolina’s Magistrate Court has a jury trial right that is explicitly available to both sides — one of the more unusual features in this guide series. A judge will hear your case in a Magistrates Court hearing, unless you ask for a jury trial. (Either party can request a jury trial.) You must make the request in writing at least five working days before the trial date, and you will likely need to deposit additional fees to cover jury costs. You’ll lose your right to a jury trial if you fail to file the request and pay the fees before the deadline. (South Carolina Rules of Magistrates Court, Rule 13 (2025).)

Consider requesting a jury trial if:

• Your case involves genuinely disputed facts where community members’ judgment may favor you over a technical legal analysis
• The credibility of witnesses is central to the case and you believe jurors would find your witnesses more believable than the defendant’s
• The amount at stake — up to $7,500 — justifies the additional time and fees of a jury proceeding

In most straightforward money disputes — unpaid invoices with written contracts, security deposits with clear documentation — a bench trial before the magistrate is faster and simpler. Reserve the jury request for genuinely contested factual cases where the standard of proof could benefit from multiple decision-makers.

Step 8 — Prepare Your Evidence

South Carolina Magistrate Court hearings are informal, but evidence quality drives outcomes. A written, notarized, out-of-court statement cannot be used as evidence. Any witness for either side must appear in person on the trial date to testify.

This witness rule is strict and important: unlike Michigan which gives some weight to written affidavits, and unlike Virginia which allows some forms of documentary evidence without live testimony, South Carolina requires live testimony from any witness whose account you want the magistrate to consider. A notarized letter from a witness — even one sworn before a notary — is inadmissible in a South Carolina Magistrate Court hearing.

Any party may subpoena a witness by paying a Subpoena Fee of $8.00 to the Court. The Witness Fee is $25.00 per witness. Witness fees should be paid in the form of a money order to be presented to the witness on the trial date by the party that is subpoenaing the witness. Submit this information to the Court two (2) weeks prior to the assigned court date.

Prepare three complete sets of every document — one for the magistrate, one for the defendant, and one for yourself. Strong evidence includes:

• Written contracts, leases, work orders, and signed estimates
• Invoices, receipts, and bank statements showing amounts paid
• Text messages and emails printed with sender, recipient, and dates clearly visible
• Photographs of damage, defective work, or property condition
• Your demand letter and its certified mail receipt
• Third-party repair estimates or professional assessments supporting your dollar amount
• Move-in and move-out inspection reports for security deposit disputes

Step 9 — Attend Your Trial

Arrive at the Magistrate Court at least 15 minutes early. Dress professionally. Bring your witnesses — remember, written statements are inadmissible, so every witness whose account matters must be physically present.

When your case is called, introduce yourself and state your claim directly: “Your Honor, I am seeking $4,200 for a security deposit that was not returned within 30 days after my lease ended in January 2026.” Walk through your evidence in logical order. Speak to the magistrate, not to the defendant. When the defendant presents their case, take notes and address their points in your rebuttal without interrupting.

If the defendant was properly served and fails to appear: If the defendant does not answer within thirty (30) days after service of the summons and complaint a judgment by default may be entered against the defendant. Appear at your scheduled trial and briefly present your claim even in the defendant’s absence.

One important post-trial option: Either party may request the case to be reopened in writing to the Court with good cause proven within ten (10) days of the trial date. This is not an appeal — it is a motion to reopen based on good cause, available within 10 days of the trial. Know this window exists before you leave the courthouse on trial day.

Step 10 — Collect Your Judgment

After winning, if the defendant does not pay voluntarily, South Carolina’s enforcement tools include:

• Wage garnishment: File a garnishment action requiring the defendant’s employer to withhold a portion of each paycheck
• Bank account levy: Compels the defendant’s financial institution to freeze and release funds
• Property execution: Authorizes the sheriff to seize and sell non-exempt personal property
• Transcript of judgment and real property lien: The prevailing party may request a Transcript of Judgment and an Execution against Property, which may be filed with the Beaufort County Clerk of Court’s Office and will be on record for ten (10) years and draw interest at a statutory rate. This creates a lien on real property owned by the defendant in the county.

South Carolina judgments are valid for 10 years and accrue statutory interest on unpaid balances. Begin enforcement steps promptly after the 30-day appeal window closes.

When the defendant pays in full, upon payment, the non-prevailing party is obligated to file a Satisfaction of Judgment with the Court. Confirm with the clerk what form is required in your specific county to formally close the matter on the public record.

Appeals in South Carolina Magistrate Court

An appeal must be filed in writing within thirty (30) days from the notification of decision of the Magistrate Court. South Carolina’s 30-day appeal window runs from when you are notified of the decision — not necessarily from the trial date if the judgment is mailed afterward. Confirm the exact notification date with the clerk immediately after the trial if you are considering an appeal.

Appeals from South Carolina Magistrate Court go to the Court of Common Pleas. The appeal is heard de novo — a completely new trial before a Circuit Court judge, as if the Magistrate Court hearing never happened. Both sides can introduce new evidence, call witnesses again, and have attorneys represent them. The full rules of evidence and civil procedure apply at the Common Pleas level.

Statute of Limitations in South Carolina

South Carolina sets firm deadlines for civil claims. Filing after the deadline results in permanent dismissal.

10 Tips to Win Your South Carolina Magistrate Court Case

1. Call it Magistrate Court — not small claims court. South Carolina does not use the term “small claims court” in its official court system. The correct name is Magistrate Court. When calling or searching for your local court, use “Magistrate Court” to find accurate information and the right filing location.
2. Identify the specific Magistrate Court within your county before filing. Many South Carolina counties have multiple Magistrate Court locations, each covering specific areas of the county. Filing in the wrong location means the defendant can request transfer or dismissal. Use the sccourts.org locator with the defendant’s exact street address to confirm the correct court.
3. Check whether South Carolina’s Residential Landlord and Tenant Act applies in your county for security deposit claims. The RLTA applies in specific counties — Richland, Lexington, Greenville, Charleston, and others — but not statewide. The deposit return deadline, penalties, and remedies differ between RLTA and non-RLTA counties. Confirm which applies before calculating your claim and drafting your demand letter.
4. Verify the defendant’s registered business name at businessfilings.sc.gov before filing. For any corporation or LLC, the complaint must name the entity by its exact registered name and service must be upon the registered agent at their listed address. An incorrectly named defendant can produce an unenforceable judgment.
5. Provide both the home address and work address for the defendant when filing. South Carolina’s filing forms specifically ask for this. Providing both gives the sheriff two service attempts before a non-service notice is issued, reducing the chance of service failure on the first attempt.
6. Submit subpoena requests and witness fees two weeks before the trial date. The $8 subpoena fee and $25 witness fee must be arranged at least two weeks before the court date. Last-minute subpoena requests are typically rejected. If you have a critical witness who will not attend voluntarily, start this process as soon as the trial date is assigned.
7. Never bring a written witness statement instead of the actual witness. South Carolina is explicit: a written, notarized, out-of-court statement cannot be used as evidence. Any witness whose account matters to your case must appear in person and testify under oath at trial. There are no exceptions for affidavits, even notarized ones.
8. Know the jury trial option before your trial date. South Carolina gives both parties the right to a jury trial in Magistrate Court. The request must be in writing at least five working days before the trial date with additional fees paid. For cases with genuinely contested facts and credibility disputes, a jury may be worth requesting. For straightforward document-supported money claims, a bench trial before the magistrate is faster and simpler.
9. File a motion to reopen within 10 days of the trial date if good cause exists. South Carolina’s 10-day motion to reopen window is separate from the 30-day appeal. If the outcome was affected by a procedural error or if new evidence immediately emerged, this motion is your first option — faster and less expensive than a full appeal to the Court of Common Pleas.
10. Begin enforcement immediately after the 30-day appeal window closes. File the Transcript of Judgment with the County Clerk of Court to create a 10-year real property lien that accrues statutory interest. Begin wage garnishment or bank levy proceedings simultaneously if you know the defendant’s employer or banking institution. South Carolina’s 10-year judgment validity gives you a long enforcement window — but starting early limits the defendant’s opportunity to move or spend assets.

Frequently Asked Questions

Do I need a lawyer for South Carolina Magistrate Court?

The Magistrate Court uses informal rules of procedure compared to a Court of Common Pleas. The informality allows many litigants to represent themselves instead of hiring an attorney. Parties may hire attorneys if they wish. For most disputes at or below $7,500 with clear documentation, self-representation is practical and cost-effective. If the defendant is a business with legal counsel, an attorney consultation before the hearing may be worth the cost — particularly for claims near the $7,500 limit.

What if the defendant does not file an answer within 30 days?

If the defendant does not answer within thirty (30) days after service of the summons and complaint a judgment by default may be entered against the defendant. You must still appear at the scheduled trial date and briefly present your claim. Default is not automatic without your participation. Bring your full documentation regardless of whether you expect the defendant to respond.

Can a business file in South Carolina Magistrate Court?

Yes. Any person or business entity may file a small claims action in South Carolina Magistrate Court as long as the claim is $7,500 or less. A corporation or LLC must be represented by an authorized officer or employee — a non-lawyer may represent a business in civil actions in Magistrate Court, with the acknowledgment that the business is legally bound by all actions undertaken by the representative.

What happens if the defendant files a counterclaim exceeding $7,500?

If the defendant’s counterclaim exceeds the Magistrate Court’s $7,500 jurisdictional limit, the entire case may need to be transferred to the Court of Common Pleas. This significantly changes the timeline and complexity of the proceeding. If you anticipate a large counterclaim, factor this risk into whether you accept a pre-hearing settlement offer.

How long does the process take in South Carolina?

From filing, the defendant has 30 days to file a written answer after service. After a written answer is filed, the court schedules a bench trial — typically within 30 to 60 days. If no appeal is filed within 30 days of the judgment notification and the defendant pays promptly, the total process from filing to resolution commonly runs 60 to 120 days. If the defendant appeals to the Court of Common Pleas, add several months to the timeline.

Final Thoughts

South Carolina’s Magistrate Court is accessible, affordable, and handles a broader range of disputes than most states in this guide series — including evictions, personal property recovery, and personal injury claims alongside standard contract and property damage disputes. The Sheriff’s Office handles service automatically after filing, removing one of the most commonly fumbled steps in other states’ processes.

The three features worth knowing cold before you file: the court is called Magistrate Court, not small claims court; written witness statements are completely inadmissible — every witness must appear in person; and the jury trial right exists for both sides with a five-working-day written request deadline. Handle those three correctly and South Carolina’s process follows a clear, well-organized path from complaint to judgment.