How to File Small Claims in South Carolina

Filing a small claims case in South Carolina Magistrate Court is straightforward once you know the sequence. The process runs from pre-filing preparation through trial, and each step has specific rules. Miss one and your case stalls or gets dismissed.

Send a Demand Letter First

South Carolina doesn't legally require a pre-suit demand letter for most claims, but sending one accomplishes two things. It gives the other side a chance to pay without going to court, and it creates a paper trail showing you tried to resolve this before filing.

Send your demand by certified mail, return receipt requested. State the amount owed, the basis for the claim (breach of contract, property damage, unreturned deposit), and a deadline — 10 to 14 days is standard. Keep a copy of the letter and the postal receipt. If the matter involves a security deposit under S.C. Code § 27-40-410, the landlord's 30-day return window runs from the latest of tenancy termination, delivery of possession, and the tenant's demand. The tenant must also provide a written forwarding address. For a residential construction-defect claim, § 40-59-840 requires written notice at least 90 days before filing.

Identify Who You're Suing

Get the defendant's legal name right. For individuals, use their full legal name. For sole proprietors, use the owner's name plus the trade name — "Jane Smith d/b/a Smith Carpentry."

For LLCs and corporations, search the South Carolina Secretary of State Business Entities portal to confirm the exact registered name and the registered agent's street address. You need the registered agent's address for service — a P.O. Box won't work for serving a business entity.

Complete Form SCCA/701

The Civil Complaint (Form SCCA/701) is the core filing document. It asks for the parties' names and addresses, the factual basis of your claim, and the specific amount of damages you're requesting.

Prepare the original plus one copy for each defendant, plus a copy for your own records. If you're suing two defendants, that means four complete sets — original plus three copies. Attach supporting documents (contracts, invoices, photos, correspondence) in duplicate with each copy.

If your claim is based on an open account or unpaid invoices, the complaint verification must be notarized, and you need to attach an itemized statement of the account.

File at the Right Magistrate Court

Take your documents and the $80 filing fee to a Magistrate Court in the county where at least one defendant resides or where the most substantial part of the cause of action arose. For a domestic corporation or LLC, venue may also be where it had its principal place of business when the claim arose or where the most substantial part of the alleged conduct occurred. Landlord-tenant claims must be filed in the county where the rental property is located. Payment is typically by cash, money order, cashier's check, or credit card — check with your specific court.

You can also file by mail: send the complaint packet, copies, filing fee, and a self-addressed stamped envelope via certified mail to the clerk's office.

Remember that self-represented parties cannot e-file in South Carolina. The eFlex system is restricted to licensed attorneys.

Serve the Defendant

After filing, the defendant must be served with the summons and complaint. You cannot serve the papers yourself. Three methods work:

County Sheriff or Constable — The clerk transmits the papers to the sheriff's office. This is the simplest option and tolls the statute of limitations for up to 120 days from filing.

Private Process Server — Any person 18 or older with no connection to the case can serve the papers. They must file a sworn Affidavit of Service afterward.

Certified Mail — Send via USPS Certified Mail, Return Receipt Requested, Restricted Delivery. If the recipient signs the green card, service is complete. If the mail comes back "Refused," you can still prove service by also sending a copy by regular first-class mail. If it comes back "Unclaimed," service failed and you need to try personal service instead.

All service must be completed within 120 days of filing, or the court can dismiss the case.

What Happens After Service

The defendant has 30 calendar days from the date of service to file a written answer. If they don't answer, you can petition the court for a default judgment. If they do answer, the clerk schedules a trial date, usually 30 to 60 days out.

The South Carolina Small Claims Filing Guide covers each of these steps in detail — including the specific forms you'll need, deadline calculations, and what to prepare for the hearing.

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