Horry County Small Claims Court: How to File, Fees, and Court Locations

How Horry County Handles Small Claims

Horry County is one of the largest counties in South Carolina by area, stretching from the Grand Strand coast around Myrtle Beach to the inland areas near Conway. Like every SC county, small claims in Horry County are heard in the civil division of the Magistrate Court — there is no standalone small claims court.

Horry County operates several magistrate court locations across its territory. The Conway area serves as the county seat, with additional magistrate offices serving the Myrtle Beach, North Myrtle Beach, and Carolina Forest areas. Which office you file at matters: you generally file in the magistrate district where the defendant lives or where the dispute occurred. If you're unsure which location handles your area, call the Horry County Clerk of Court or check the South Carolina Judicial Branch magistrate directory.

What You Need to File

The jurisdictional limit is $7,500 under S.C. Code § 22-3-10. Your filing package includes:

• Form SCCA/701 (Civil Complaint) — the standard SC magistrate complaint form listing both parties, the facts of your dispute, and the dollar amount claimed
• Magistrate Civil Summons — attached to the complaint, giving the defendant 30 days to respond
• Duplicate copies — bring the original plus one set per defendant, plus a copy for yourself
• $80 filing fee — payable by cash, money order, cashier's check, or credit card

If you're suing a business, check the South Carolina Secretary of State's online portal for the company's exact legal name and registered agent address. Service to a P.O. box is invalid.

Self-represented filers must file in person or by mail. The eFlex electronic filing system is restricted to attorneys.

Service of Process

You cannot hand the lawsuit papers to the defendant yourself. Horry County follows the same three service methods as every SC magistrate court:

1. Horry County Sheriff — The court clerk sends your paperwork to the sheriff's department for personal delivery. This method tolls the statute of limitations for up to 120 days from filing.
2. Certified mail — USPS Certified Mail, Return Receipt Requested, Restricted Delivery. If it comes back signed, service is done. If it comes back "Unclaimed," service failed and you'll need to try personal service instead.
3. Private process server — Any disinterested person age 18 or older can serve the papers.

After service, the defendant has 30 calendar days to file a written answer. No answer means you can request a default judgment.

Statute of Limitations and Common Disputes

Many Horry County small claims involve tourism-related disputes — vacation rental damage, contractor work at beach properties, or refunds for services in the Myrtle Beach area. Regardless of the type, the statute of limitations sets the outer boundary for filing:

• 3 years for contract disputes, property damage, and most civil actions (S.C. Code § 15-3-530)
• 2 years for assault, battery, slander, and libel (S.C. Code § 15-3-550)

The clock starts when you knew or should have known about the harm. A pre-suit demand letter isn't legally required for most claims, but sending one by certified mail creates evidence that you tried to settle and fixes the date for interest calculations on a liquidated debt.

The Hearing

Once both sides have filed their paperwork, the court sets a hearing date. At the hearing:

• You present your evidence and testimony to the magistrate
• Witnesses must appear in person — written statements from people who don't show up are generally inadmissible hearsay
• Bring organized copies of everything: contracts, receipts, photos, text messages, repair estimates
• Either side can request a jury trial in writing at least 5 business days before the hearing

The magistrate typically announces the decision at the hearing or shortly after.

Collecting a Judgment

If you win, the defendant is supposed to pay. If they don't pay voluntarily, your options include property liens and supplementary proceedings to locate assets. Keep in mind that South Carolina prohibits wage garnishment for most consumer civil debts (S.C. Code § 15-39-410), so that tool is off the table for a standard small claims judgment.

Either party can appeal within 30 days by filing Form SCCA/720 with the Court of Common Pleas ($150 fee). The Court of Common Pleas reviews the record for errors of law; the appeal is not a new trial.

The South Carolina Small Claims Filing Guide covers every step from your initial demand letter through collecting the judgment, with forms references and deadline checklists specific to the SC magistrate system.

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