Charleston County Small Claims Court: Filing Fees, Forms, and How to File

Where Charleston County Small Claims Cases Are Heard

Charleston County's small claims are heard in its Magistrate Court system, not a separate court system. South Carolina handles these cases under Title 22 of the state code. If someone owes you $7,500 or less, this is where you file.

Charleston County has two Small Claims Magistrates' Courts with countywide jurisdiction: the Charleston Small Claims Court at 995 Morrison Drive and the North Charleston Small Claims Court at 4045 Bridge View Drive, Room B146. For filing questions, call Charleston County Summary Court Administration at (843) 202-6600 or check the South Carolina Judicial Branch directory.

Filing Fee, Forms, and the Basics

The filing fee in Charleston County is $80, which covers the cost of filing and initial service of process. You pay when you submit your paperwork — cash, money order, cashier's check, or credit card depending on the office.

The main form is SCCA/701 (Civil Complaint). You fill it out with the names and addresses of both parties, a description of what happened, and the dollar amount you're claiming. Attach the Magistrate Civil Summons, which notifies the defendant they have 30 calendar days to respond.

You need to bring:

• The original complaint plus one copy for each defendant
• An extra copy for your own records
• Any supporting documents (contracts, invoices, photos) in duplicate
• The $80 filing fee

If you're suing a business, use the exact legal name registered with the South Carolina Secretary of State — not the trade name on the storefront. Check the Secretary of State's online portal for the registered agent's name and street address (P.O. boxes won't work for service).

Self-represented filers cannot e-file through SC's eFlex system. You have to file in person or by mail.

Service of Process in Charleston County

After you file, the defendant has to be officially served. You can't hand the papers over yourself. Charleston County uses the same three options every SC county does:

1. County Sheriff — The clerk forwards your paperwork to the Charleston County Sheriff's Office. This is the most common method and it tolls the statute of limitations for 120 days.
2. Certified mail — USPS Certified Mail with Return Receipt Requested and Restricted Delivery. If the defendant signs, service is complete. If the envelope comes back "Unclaimed," service failed and you need to try another method.
3. Private process server — Anyone 18 or older who isn't involved in the case can serve the papers.

The defendant gets 30 days from the date of service to file a written answer. If they don't respond at all, you can ask for a default judgment.

The $7,500 Limit and What You Can't File

Charleston County Magistrate Court handles claims up to $7,500 under S.C. Code § 22-3-10. That cap covers the principal amount — interest and court costs get added on top.

You cannot file here for:

• Disputes over property ownership or titles
• Injunctions or restraining orders
• Lawsuits against the state or county government (with narrow exceptions)
• Family law or probate matters

If your claim exceeds $7,500, you either waive the excess and cap your recovery at $7,500, or file in the Court of Common Pleas for the full amount. You cannot split one claim into two smaller lawsuits to stay under the limit.

What Happens at the Hearing

Once the defendant responds (or defaults), the court schedules a hearing. Charleston County hearings follow standard magistrate procedure:

• Both sides present their evidence and testimony to the magistrate judge
• Witnesses testify live — you cannot submit written statements in place of live testimony
• Bring organized copies of every document you referenced in your complaint
• You can request a jury trial by filing a written request at least 5 business days before the hearing date

Most small claims hearings are informal compared to circuit court, but the rules of evidence still apply. Hearsay (secondhand statements) is generally inadmissible unless an exception applies.

After the Hearing

The magistrate enters a judgment, usually the same day. If you win, the defendant owes you the judgment amount plus any interest and costs. If the defendant doesn't pay voluntarily, you can pursue post-judgment collection — bank levies, property liens, or supplementary proceedings to identify assets.

One thing that surprises many people: South Carolina prohibits wage garnishment for most consumer civil debts under S.C. Code § 15-39-410. So a wage garnishment order isn't available for a typical small claims judgment.

If either side wants to appeal, they have 30 days to file a Notice of Appeal (Form SCCA/720) with the Court of Common Pleas. The appeal fee is $150.

If you're filing a case in Charleston County, the South Carolina Small Claims Filing Guide walks through every step — from the demand letter through judgment collection — with deadline trackers and checklists built for the SC magistrate system.

See more South Carolina guides →