Lexington County Small Claims Court (SC): Districts, Filing Fee, and How to File

Lexington County's Multi-District Magistrate System

Lexington County has six magistrate district offices: District 1 in Lexington, District 2 in Irmo, District 3 in Batesburg-Leesville, District 4 in Swansea, District 5 in Oak Grove, and District 6 in Cayce/West Columbia. Filing in the right district matters — use the county's Magistrate Court Services directory to identify the office for your case.

Like every SC county, small claims in Lexington go through the civil division of the Magistrate Court. There's no separate small claims court. Claims up to $7,500 fall under magistrate jurisdiction per S.C. Code § 22-3-10.

You should file in the district that serves the area where the defendant lives or where the dispute occurred. If you're unsure which district covers your situation, call the Lexington County Magistrate Court office; its directory lists all six district offices.

Filing Fee and Forms

The filing fee is $80, covering both filing and initial service. Payment by cash, money order, cashier's check, or credit card.

What to bring:

• Form SCCA/701 (Civil Complaint) — party names and addresses, facts of the dispute, amount claimed
• Magistrate Civil Summons — notifies the defendant they have 30 days to respond
• Duplicate copies — original plus one set per defendant, plus your own copy
• Supporting documents — contracts, invoices, photos, estimates — all in duplicate

If you're suing on an account (like unpaid invoices), attach an itemized statement and have the complaint's verification signature notarized.

Suing a business? Use the exact corporate name from the Secretary of State's portal. You'll also need the registered agent's physical street address — P.O. boxes are not valid for service.

Self-represented filers cannot use eFlex (SC's electronic filing system). File in person at the district office or mail the complete package by certified mail.

Service of Process

After filing, the defendant must be formally served. You cannot deliver the papers yourself. Three methods:

1. Lexington County Sheriff — The clerk sends your paperwork to the sheriff. This tolls the statute of limitations for 120 days.
2. Certified mail — USPS Certified Mail, Return Receipt Requested, Restricted Delivery. Effective only when the defendant signs the receipt. "Unclaimed" or "Attempted — Not Known" means service failed.
3. Private process server — Any disinterested person 18 or older.

The defendant gets 30 calendar days from service to file a written answer. No response within that window opens the path to a default judgment.

What You Can and Can't File

The $7,500 cap covers the principal claim amount — interest and court costs are added on top. You cannot use Lexington County Magistrate Court for:

• Real property title disputes
• Injunctions or specific performance
• Lawsuits against the state or county government (with narrow exceptions)
• Family or probate matters

If your damages exceed $7,500, you can waive the excess and file here, or go to the Court of Common Pleas for the full amount. You cannot split one claim into multiple lawsuits to fit under the cap.

The Hearing

Once both sides file their papers, the court schedules a hearing. At the hearing:

• Both sides present evidence and testimony to the magistrate
• Witnesses testify in person — written statements from absent witnesses are generally not admissible
• Bring organized copies of every document you filed with the complaint
• Either party can request a jury trial in writing at least 5 business days before the hearing

The magistrate typically decides at the hearing. If you win and the defendant doesn't pay voluntarily, you can pursue bank levies or property liens. Wage garnishment is prohibited for most consumer civil debts in South Carolina (S.C. Code § 15-39-410).

Either party can appeal within 30 days by filing Form SCCA/720 with the Court of Common Pleas ($150 fee).

The South Carolina Small Claims Filing Guide covers the entire process — demand letter, forms, service, evidence, and judgment collection — with deadline trackers built for the SC magistrate system. It's especially useful if you're navigating Lexington County's multi-district setup for the first time.

See more South Carolina guides →