How to Sue a Business in South Carolina Small Claims Court

If you need to sue a business — a contractor, a repair shop, a landlord's LLC, or any company — in South Carolina Magistrate Court, you can do it yourself without a lawyer. But suing a business adds steps that suing an individual doesn't: you need the company's exact legal name, you need its registered agent's physical address for service, and if the business countersues, it may be represented by a qualifying non-lawyer officer, employee, or agent using Form SCCA/761 instead of an attorney.

The core process is the same as any SC small claims case — file Form SCCA/701, pay the $80 fee in 2026, serve the defendant, attend the hearing. Act 155 of 2026 sets statewide summons-and-complaint filing charges at $105 effective January 1, 2027, before service fees. The difference is in the details, and getting those details wrong can result in a dismissed case or an unenforceable judgment.

Step 1: Identify the Correct Legal Entity

This is the step most people skip, and it's the one that causes the most problems. You need to sue the business under its exact legal name as registered with the state. A marketing name, a website name, or the name on a business card might not be the legal entity.

For LLCs and corporations: Search the South Carolina Secretary of State Business Entities Online portal. Look up the business name and confirm:

• The exact legal name (e.g., "Smith Home Repairs LLC" not "Smith Repairs" or "John Smith")
• Whether the entity is active (an administratively dissolved business may still be sued during winding up; do not assume you need to name the owner personally)
• The registered agent's name and physical street address (this is where you serve the lawsuit)

For sole proprietors: There's no separate legal entity. You sue the individual owner under their full legal name, adding the business name: "Jane Smith d/b/a Smith Carpentry." You serve the papers on the individual, not a business address.

For partnerships: Name each partner individually if possible. A general partnership can be sued under the partnership name, but collecting on a judgment is easier when individual partners are named.

Getting this wrong creates two problems. First, the court may dismiss the case because you sued the wrong entity. Second, even if you win a judgment against "Smith Repairs," you may not be able to enforce it against "Smith Home Repairs LLC" — the legal entity that actually holds the assets and owes you money.

Step 2: Determine Venue

Under SCRMC Rule 4, you may file in a magistrate court in a county where at least one defendant resides or where the most substantial part of the cause of action arose. For a domestic corporation, a county where it has its principal place of business is also an authorized venue.

For businesses operating across multiple counties, venue depends on the defendant's status and the claim. The principal-place-of-business county is an authorized venue for a domestic corporation; a claim based on injury or property damage may also have venue tied to where the injury or transaction occurred.

In multi-district counties like Lexington (District 1 in Lexington, District 2 in Irmo) or Charleston, the court's administrative routing typically directs you to the district serving the defendant's business address. Call the magistrate clerk's office to confirm before making the trip.

Step 3: File the Complaint

Complete Form SCCA/701 (Civil Complaint). In the defendant section, use the entity's exact legal name from the Secretary of State search. For service, list the registered agent's physical street address — not a P.O. Box, which South Carolina courts do not accept for service.

Attach your evidence as exhibits: the contract, invoices, photos, repair estimates, text messages, and any written demand letter you sent. For claims on an open account (unpaid invoices), attach an itemized statement and have the verification signature notarized.

Bring the original plus enough copies for each defendant plus one for your records. Pay the $80 filing fee by cash, money order, cashier's check, or approved credit card.

Step 4: Serve the Business

This is where suing a business differs most from suing an individual. Service must reach the registered agent or an officer of the company — not just any employee at the business location.

Personal service by sheriff, constable, or another qualified server (often reliable for businesses): The county sheriff or magistrate's constable can deliver the papers to the registered agent at their listed address. Sheriff or constable service costs an additional $10–$40 per defendant. SCRMC Rule 6 also allows another person at least 18 years old who is not an attorney or party to serve the summons and complaint. If the registered agent isn't physically present, the server may be able to serve an officer, director, managing agent, or other agent authorized to receive service.

Restricted certified mail (cheapest but riskiest for businesses): You can serve the papers by certified mail, return receipt requested and delivery restricted to the addressee, at the registered agent's address. The risk: if nobody signs the green card, service fails. Businesses with registered agents at commercial agent services sometimes have mail-handling gaps.

Qualifying commercial delivery service: SCRMC Rule 6 also permits service by a qualifying commercial delivery service. Service is effective on the delivery date shown in its delivery record; if delivery is refused or returned undelivered, use another authorized service method.

If initial service fails: You can request the court to authorize substitute service or switch methods. Sheriff service is the recommended fallback when certified mail to a business entity comes back unsigned.

Track every service attempt — the date, the method, the result. The 120-day service window under S.C. Code § 15-3-20(B) applies, and the court may dismiss without prejudice if service cannot be obtained within that period. Delivering process to the county sheriff can toll the limitations period for up to 120 days; delivery to a constable or private server does not toll it before actual service.

Step 5: Prepare for the Hearing

When suing a business, expect the possibility that the other side shows up prepared. An LLC or corporation can send a non-lawyer representative (an officer, employee, or agent) under SCRMC Rule 21 using Form SCCA/761 (single case) or SCCA/762 (standing authorization). The representative doesn't need to be a lawyer, but they've often dealt with prior lawsuits or at least consulted with one.

Organize your evidence into a binder with numbered tabs. Bring:

• The original signed contract or agreement
• All invoices and proof of payment (bank statements showing deposits paid)
• Photos documenting the issue (defective work, damage, incomplete job), with dates
• Text messages, emails, or letters between you and the business
• Repair estimates or quotes from other contractors to establish damage value
• Your demand letter and proof it was sent (certified mail receipt or delivery confirmation)
• A simple timeline of events — one page, chronological

If you need a witness, subpoena them using the court's subpoena process ($8 per subpoena under S.C. Code § 8-21-1010). Don't rely on verbal promises to appear.

Step 6: Collecting a Judgment Against a Business

If you win, the judgment is against the business entity. Collection options in South Carolina include:

• Bank account levy: If you know where the business banks, you can pursue a writ of execution to levy the business's bank accounts
• Property liens: A judgment can be recorded as a lien against real property owned by the business
• Supplementary proceedings: If the business doesn't pay, you can ask the court about supplementary proceedings to examine the judgment debtor's assets under oath

South Carolina prohibits wage garnishment for consumer civil debt under S.C. Code § 15-39-410. This applies to individual wages, but business bank accounts are not wages — they can be levied.

Post-judgment interest accrues at the Wall Street Journal prime rate plus 4% under S.C. Code § 34-31-20(B), compounded annually, from the date of judgment until payment.

Who This Is For

• Homeowners suing a contractor or repair company for unfinished work or a retained deposit ($1,500–$7,500)
• Tenants suing a landlord's LLC for a withheld security deposit
• Consumers suing an auto repair shop, a moving company, or a service provider for defective work or non-delivery
• Small business owners suing another business for unpaid invoices or breach of contract
• Anyone who needs to identify the correct legal entity before filing

Who This Is NOT For

• People suing individuals (the standard filing process is simpler — entity identification isn't needed)
• People seeking full recovery on claims over $7,500 (they must file in Court of Common Pleas for the full amount; a plaintiff may waive the excess to remain in Magistrate Court)
• Most civil lawsuits against government entities (Magistrate Court lacks jurisdiction under S.C. Code § 22-3-20, except statutory-penalty actions not exceeding $100)
• Ejectment proceedings against a business tenant (different procedural track under Title 27)

The Bottom Line

Suing a business in South Carolina small claims court is entirely doable without a lawyer, but the entity identification and service steps are where cases go wrong. Name the wrong entity, serve the wrong address, or miss the registered agent — and you're starting over from scratch, potentially months later.

The Filing a Small Claims Case in South Carolina guide includes a dedicated chapter on entity identification through the Secretary of State portal, line-by-line Form SCCA/701 instructions for business defendants, all three service methods with a tracking log, and the post-judgment collection tools specific to enforcing against a business entity.

Frequently Asked Questions

Can a business send someone who isn't a lawyer to represent it in South Carolina Magistrate Court?

Yes. Under SCRMC Rule 21, a corporation, LLC, or partnership can designate a non-lawyer officer, employee, or agent to represent it in Magistrate Court. The representative must submit Form SCCA/761 (for a single case) or Form SCCA/762 (standing authorization for multiple cases) to the court. The representative must be a genuine employee or officer — hiring an independent lay advocate to represent the business is not permitted.

What if I can't find the business in the Secretary of State database?

If the business doesn't appear in the SC Secretary of State Business Entities Online portal, it may be operating as an unregistered sole proprietorship, a trade name without a separate entity, or an out-of-state entity. For sole proprietors, sue the individual owner by name using "Jane Smith d/b/a [Business Name]." For out-of-state companies doing business in SC, check their home state's secretary of state database for the legal name and registered agent. If a business was supposed to register in SC and didn't, you may still have options — consult SC Legal Services (1-888-346-5592) for guidance.

What if the business closes or dissolves before I collect my judgment?

An administrative dissolution does not by itself terminate an LLC or corporation: the entity continues to exist for winding up, which can include defending or prosecuting actions and paying liabilities. Claims against a dissolved entity may be subject to notice and time-limit rules. An owner's personal liability is a separate issue and does not follow from dissolution alone; consult an attorney before naming an owner on that basis.

How long does a small claims case against a business typically take?

The timeline is similar to a case against an individual — generally 2–3 months from filing to hearing, assuming service is completed promptly. Service against a business can sometimes take longer if the registered agent's address is outdated or if certified mail goes unclaimed. Using sheriff service as your primary method for business defendants reduces this risk. If the business doesn't respond within 30 days, you can request a default judgment.

Can I sue a business and its owner individually in the same case?

Yes. If you believe the owner is personally liable — for example, a sole proprietor or an LLC member who personally guaranteed the contract — you can name both the business entity and the individual as co-defendants in the same SCCA/701 complaint. This gives you more collection options if you win. Each defendant needs their own set of copies for service, and you may need to serve them at different addresses.

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