How to Respond to a Small Claims Lawsuit in South Carolina

Someone just handed you court papers. A Summons and Complaint from a South Carolina Magistrate Court, with your name on it and a deadline attached. Under SCMCR Rule 7(b), the usual answer period is 30 calendar days, starting the day after service; if service used another method under Rule 6, use the period stated in the Summons. Rule 7 allows a written answer or an in-person oral answer, which court staff will reduce to writing. If you miss the applicable deadline, the plaintiff may seek a default judgment.

That clock is already running. Here is what you need to do, in order.

Verify the Lawsuit Is Real

Before you do anything else, confirm the case actually exists. Search your name or the case number on the South Carolina Judicial Branch public index at sccourts.org. If the case does not appear online (common in rural counties with processing backlogs), call the civil division clerk of the Magistrate Court listed on your papers using the number from the county's official .gov website.

Scam operations do spoof court documents. But real Magistrate Court process never demands immediate payment by phone, wire transfer, or gift card. If the case is real and you ignore it, you may face a binding default judgment.

Calculate Your 30-Day Deadline

Under SCMCR Rule 7(b), the usual answer period is 30 calendar days, starting the day after service. If service used another method under Rule 6, use the period stated in the Summons. The day you were served is Day 0 — it does not count. Day 1 is the next calendar day. Count every day, including weekends and holidays. If the last day falls on a nonworking day, Rule 3 extends the deadline to the next working day. You may file a written answer or appear in person to answer orally.

A written Answer must be received by the clerk by the deadline. Mailing it on Day 30 is not enough if it arrives late; if you answer orally, appear at the court within the deadline.

Write Your Answer

Your Answer is the document that responds to every allegation in the plaintiff's Complaint. For each numbered paragraph, you have three options: admit it, deny it, or state that you lack knowledge to confirm or deny it. An allegation you ignore may be treated as admitted.

After responding to each paragraph, list any affirmative defenses — improper venue, expired statute of limitations, lack of jurisdiction, or accord and satisfaction. If the Complaint was verified under oath, your Answer should be verified before a notary.

South Carolina publishes Form SCCA/703 as an answer template, available free from sccourts.org or your county clerk.

File Your Answer

If you answer in writing, file your Answer with the Magistrate Court clerk. Rule 7 directs the court to deliver a copy to the plaintiff under Rule 8.

File your written Answer with the Magistrate Court clerk by hand or certified mail. Self-represented litigants cannot use South Carolina's statewide E-Filing system; ask the clerk whether any other local filing option is available. Keep a file-stamped copy for your records and ask the clerk whether the court needs any additional copies for delivery.

Delivery to the plaintiff is handled under SCMCR Rules 7 and 8: Rule 7 directs the court to deliver a copy of the Answer, and Rule 8 allows delivery by hand or mail to the party's last known address. If the plaintiff has an attorney, delivery goes to the attorney. Mailing is complete when the document is mailed.

Decide Whether to Counterclaim

If the plaintiff owes you money from the same dispute, you can file a Counterclaim alongside your Answer. If your counterclaim is $7,500 or under, it stays in Magistrate Court. If it exceeds $7,500, the entire case transfers to the Court of Common Pleas — unless you waive the excess and cap your recovery at $7,500.

A counterclaim arising from the same transaction is compulsory: if you do not file it now, you waive it permanently.

Prepare for the Hearing

Prepare three copies of each exhibit if practical — one for the magistrate, one for the opposing party, and one for yourself. Witnesses generally testify live; a magistrate may take testimony in writing through the limited procedures in SCMCR Rule 23(f) or S.C. Code § 22-3-940.

If a witness cannot attend voluntarily, ask the clerk about a subpoena ($8.00 per in-county subpoena). Under S.C. Code § 22-3-930, the witness must receive it at least one day before attendance; allow more time when possible.

The Responding to a Small Claims Case in South Carolina guide walks through each of these steps with fill-in worksheets for the deadline calculation, answer preparation, evidence organization, and hearing day.

After the Decision

If the judgment goes against you, a written Motion for New Trial in an ordinary civil case is due within 10 days after notice of judgment; in landlord-tenant actions under Title 27, Chapters 37 and 40, it is due within 5 days after notice. Rule 3 excludes intermediate weekends and holidays from that 5-day count and extends a nonworking last day to the next working day. An appeal to the Court of Common Pleas is due within 30 days after delivery of written notice of judgment, or after the judgment is announced in your or your attorney's presence. If you file a timely motion for a new trial, the right to appeal exists for 30 days after the motion is denied. A separate motion for relief under SCMCR Rule 12 may be available, but it does not automatically suspend enforcement.

One important protection: South Carolina prohibits wage garnishment for general civil judgments under S.C. Code § 15-39-410. The plaintiff's primary enforcement tools are judgment liens on real property and writs of execution against personal property, not paycheck deductions.

Getting organized before the deadline hits is the single most important thing a defendant can do. The process is structured — you just need the sequence.

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