Alternatives to Ignoring a Small Claims Lawsuit in South Carolina

If you are thinking about ignoring a Summons and Complaint from a South Carolina Magistrate Court — whether because you believe the claim is baseless, because the amount seems small, or because you do not know where to start — here is what ignoring it can cost you: a default judgment. For a fixed, documented claim, the magistrate may enter judgment without a hearing; for unliquidated damages, the court holds a hearing to determine the amount. Either way, you lose the chance to present your defense on liability.

There are better options at every stage. All of them keep you in a stronger position than silence.

What Default Judgment Actually Means

If you do not answer within the usual 30-calendar-day period under SCMCR Rule 7(b), the plaintiff can seek a default judgment under S.C. Code § 22-3-270. Rule 7 allows a written Answer or an oral Answer made by appearing in person; the court reduces an oral Answer to writing. For other Rule 6 service methods, use the response period stated in the Summons. For liquidated claims — a specific dollar amount backed by a signed contract or invoice — the magistrate can enter judgment administratively without scheduling a hearing. For unliquidated claims, the court holds a damages hearing to determine the amount, but liability has already been established.

A default judgment in South Carolina creates a court-recorded debt that can be enforced for 10 years. To create a lien on real property, the creditor must obtain a certified transcript of judgment and record it with the Court of Common Pleas; a recorded judgment lien lasts 10 years. The plaintiff can also pursue non-exempt personal property through execution or attempt garnishment of bank accounts (though South Carolina prohibits wage garnishment for general civil judgments). The judgment appears in public court records, which can surface on background checks and affect creditworthiness.

Setting aside a default judgment is possible but harder than preventing one. Under SCMCR Rule 19(b), a written Motion for a New Trial generally must be filed within 10 days after notice of judgment (5 days in Title 27 landlord-tenant cases). Under Rule 18, an appeal is due within 30 days after written notice, or within 30 days after announcement if judgment is announced in your or your attorney's presence. These routes have different standards; excusable neglect is one ground for relief under Rule 12, not a requirement for both.

Five Alternatives That Are All Better Than Ignoring It

1. File an Answer and Deny the Claim

If you believe the claim is wrong — the plaintiff did not deliver what they promised, the amount is inflated, the contract was never signed, or the damage was not your fault — answer in writing or appear in person to answer orally, deny the allegations, and present your evidence at the hearing.

The Answer is a paragraph-by-paragraph response to the Complaint. For each allegation, you state whether you admit it, deny it, or deny it because you lack sufficient knowledge. You do not need to prove anything in the Answer itself — that happens at the hearing. The Answer preserves your right to show up and make your case.

When this is the right choice: You have a legitimate defense to some or all of the claims, and you want the judge to decide based on both sides' evidence.

2. File an Answer and Raise a Counterclaim

If the plaintiff actually owes you money from the same transaction — a contractor who was paid but did not finish the work, a tenant who damaged property beyond the security deposit, a buyer who returned a defective product and kept the replacement — you can file a counterclaim with your Answer.

Under SCMCR Rule 9, you may assert a counterclaim arising from the same transaction or occurrence within the time allowed to answer, in writing or orally in person. It is not compulsory. Counterclaims of $7,500 or less are heard with the original claim in Magistrate Court. If a counterclaim exceeds $7,500 and you do not waive the excess, the entire case transfers to the Court of Common Pleas under S.C. Code § 22-3-30; if you waive the excess, you cannot sue later for the waived amount.

When this is the right choice: The plaintiff owes you money from the same dispute, and you want the court to sort out both sides in one hearing.

3. Negotiate a Settlement

You can contact the plaintiff (or their attorney) at any time and propose a settlement. Many small claims disputes settle before the hearing because both sides want to avoid the uncertainty of a judge's decision, the time investment of a hearing day, and the risk of getting less than they expected.

A settlement can be for less than the claimed amount, paid in installments, or structured as a mutual release where both sides drop their claims. Put the agreement in writing and make sure an Order of Dismissal is filed; the hearing is canceled only when the magistrate signs the order and it is docketed.

Critical rule: the Answer deadline does not pause while you negotiate. Answer within the applicable period even if you are actively discussing a settlement. If the negotiations fall apart and you have not answered, you risk default.

When this is the right choice: Both sides have something to gain from avoiding a hearing — the plaintiff gets paid sooner and avoids the risk of losing, and you potentially pay less than the full claimed amount.

4. Admit the Claim and Request a Payment Plan

If the plaintiff's claim is valid and you owe the money but cannot pay it all at once, you can answer admitting the debt and petition the magistrate for an installment payment arrangement. Magistrates have discretionary authority to approve structured payments or incorporate them into a consent order.

This approach may avoid a contested hearing and lets both parties agree on terms. A voluntary payment plan does not automatically change a judgment lien or close the case; ask the court to approve any arrangement in a written consent order.

When this is the right choice: You know the debt is legitimate, you cannot pay the full amount immediately, and you want to resolve it without a contested hearing.

5. Request a Continuance for More Time

If you need more time to answer, file a written Motion for Extension of Time before the response deadline. If you need to move the hearing, file a written Motion for Continuance before trial. The magistrate decides whether good cause supports either request.

This is not the same as ignoring the case. A motion is a formal court request that shows the judge you are engaged in the process and need additional time for a legitimate reason. A verbal request or an agreement with the plaintiff is not binding on the court, and the extension takes effect only when the magistrate signs a written order.

When this is the right choice: You need more time but intend to respond. Maybe you were served while traveling, or you need to track down evidence or witnesses that will take more than 30 days to arrange.

The Decision Framework

Who This Is For

• Anyone who has been served with a South Carolina Magistrate Court Summons and Complaint and is considering not responding
• Defendants who feel the claim is not worth fighting because the amount is small — even a $500 default judgment creates a public court record and could become a real-property lien for up to 10 years if a transcript is recorded with the Court of Common Pleas
• Defendants overwhelmed by the process who do not know how to start

Who This Is NOT For

• Defendants sued by a debt collector or credit card company — those cases involve the South Carolina Consumer Protection Code and federal debt law. Call South Carolina Legal Services at 1-888-346-5592 before your deadline.
• Eviction defendants — under S.C. Code § 27-37-20, a tenant must vacate or show cause within 10 days after service of the rule; that is separate from the usual civil answer period

Getting Started

The Responding to a Small Claims Case in South Carolina guide walks through every alternative above — the Answer writing process, counterclaim rules, settlement documentation, payment plan requests, and motion procedures — with printable worksheets for each stage. It is designed for defendants starting from zero, with no assumption of prior legal experience.

Whatever you decide to do, do something. Every option on this page puts you in a stronger position than silence.

Frequently Asked Questions

What if I was never properly served?

Improper service is an affirmative defense you can raise in your Answer. Common service defects include papers left with someone who is not a resident of suitable age and discretion at your home, service at an old address, or certified mail signed by someone not authorized to accept it. If service was defective, you still benefit from responding rather than ignoring the case — a court may still enter default if it believes service was sufficient.

Can the plaintiff come after my wages if I get a default judgment?

South Carolina law prohibits wage garnishment for most private civil judgments. The plaintiff can pursue non-exempt personal property, bank account garnishment, and real property liens, but your employer cannot be ordered to withhold wages. This is a stronger protection than most states offer, but it does not mean a default judgment has no consequences.

How much does it cost to file an Answer?

There is no filing fee for filing an Answer as a defendant in South Carolina Magistrate Court. The court delivers a copy of a written Answer to the plaintiff under Rules 7(a) and 8; ask the clerk whether any local copy is needed.

What if I already missed the 30-day deadline?

If a default judgment has been entered, a written Motion for a New Trial generally must be filed within 10 days after notice of judgment (5 days in Title 27 landlord-tenant cases). An appeal is due within 30 days after written notice, or after announcement if judgment was announced in your or your attorney's presence. A motion for relief under Rule 12 may rely on listed grounds, including excusable neglect; a new-trial motion or appeal follows its own rules. If no default judgment has been entered yet, contact the clerk promptly and do not assume a late Answer automatically cures the missed deadline.

Can I respond to only part of the claim?

Yes. You can admit some allegations and deny others in the same Answer. If the plaintiff claims you owe $3,200 for completed renovations but you believe the work was incomplete, you might admit that a contract existed and deny that the work was finished to the agreed standard. Partial admission narrows the dispute to the contested allegations.

See more South Carolina guides →