Florence County Small Claims Court: Filing Rules, Fees, and What to Know

How Florence County Handles Small Claims

Florence County has ten magistrates in seven offices across the county. Small claims are heard in the Magistrate Court's civil division; the county's Magistrate - Civil page publishes the filing guidelines. The jurisdictional limit is $7,500 under S.C. Code § 22-3-10.

Florence County's intake process is stricter than many SC counties on a few procedural details. If you're filing for the first time, knowing these rules upfront saves a wasted trip.

Filing Requirements and Local Quirks

The standard filing package applies:

• Form SCCA/701 (Civil Complaint) — parties, facts, amount claimed
• Magistrate Civil Summons — gives the defendant 30 days to respond
• $80 filing fee — cash, money order, cashier's check, or credit card

Where Florence County stands out from other counties:

• Duplicate copies are strictly enforced — Bring the original plus one full set per defendant, plus your retained copy. Florence County clerks have been known to reject filings that arrive short on copies.
• Physical street addresses only — The defendant's address on the complaint must be a physical street address. The Florence County Magistrate Civil Division will not accept a complaint listing a P.O. box as the defendant's address.
• Notarized account verification — If you're suing on an open account or unpaid invoice, attach an itemized statement and have the verification signature on the complaint notarized. This is a statewide requirement, but Florence County enforces it more consistently at intake.

Self-represented filers must file in person or by mail — the eFlex e-filing system is restricted to attorneys.

Service and Response

After filing, the defendant must be formally served through one of the authorized methods:

1. County Sheriff — The clerk forwards your paperwork to the sheriff for personal service. Tolls the statute of limitations for 120 days.
2. Certified mail — USPS Certified Mail, Return Receipt Requested, Restricted Delivery. Only effective when the defendant signs.
3. Private process server — Any disinterested person 18 or older.

The defendant has 30 calendar days from service to file a written answer. No answer means you can pursue a default judgment.

Common Florence County Claims

Florence sits at the crossroads of I-95 and I-20, making it a regional hub for the Pee Dee area. Common small claims disputes include:

• Unpaid invoices from local trades and services
• Landlord-tenant security deposit disputes — South Carolina's 30-day return rule under S.C. Code § 27-40-410 applies statewide
• Contractor deposit recovery — homeowners suing for deposits on work never performed
• Vehicle damage and auto repair disputes

The statute of limitations is 3 years for contracts and property damage (S.C. Code § 15-3-530), 2 years for assault and battery (S.C. Code § 15-3-550).

Hearing and Judgment

At the hearing, both sides present evidence and testimony to the magistrate. Witnesses must appear in person — no written substitutes. Bring organized copies of every document you referenced in your complaint.

If you win and the defendant doesn't pay, collection options include bank levies and property liens. South Carolina prohibits wage garnishment for most consumer civil debts (S.C. Code § 15-39-410). Appeals go to the Court of Common Pleas within 30 days (Form SCCA/720, $150 fee).

The South Carolina Small Claims Filing Guide walks through every step — demand letter, forms, service, evidence, and collecting the judgment — with deadline trackers built for the SC magistrate system.

See more South Carolina guides →