South Carolina Ejectment vs Small Claims: What Is the Difference?

South Carolina Magistrate Court handles both small claims (civil money disputes up to $7,500) and summary ejectment actions (evictions). Both arrive as court papers served on a defendant. Both are heard by a magistrate. But the rules, deadlines, and consequences are different enough that confusing the two can cost you your case — or your home.

Small Claims: Money Disputes Under $7,500

An ordinary civil action in Magistrate Court is a claim for money. The plaintiff says you owe them up to $7,500 for a broken contract, property damage, an unpaid invoice, or a similar dispute. The case is governed by S.C. Code § 22-3-10 and the South Carolina Rules of Magistrates Court.

Under SCMCR Rule 7(b), the usual answer period is 30 calendar days, starting the day after service. You may file a written answer or appear in person and answer orally. If service used another method under Rule 6, follow the period stated in the Summons. If you miss the applicable deadline, the plaintiff may seek a default judgment. The hearing is a bench trial where both sides present evidence and the magistrate decides who owes what.

Landlord-tenant disputes over rent and possession are a special case. Under S.C. Code § 22-3-10(10), Magistrate Court has concurrent jurisdiction over these disputes regardless of the dollar amount — the $7,500 cap does not apply to accrued rent or possession claims under Title 27. But collateral claims between landlords and tenants (property damage, security deposit disputes beyond what Title 27 covers) are still capped at $7,500.

Ejectment: Getting a Tenant Out

Summary ejectment is a separate proceeding under S.C. Code § 27-37-20. The landlord is not asking the court to award money (though they may include a claim for unpaid rent). The primary relief is a court order for the tenant to vacate the property.

The critical difference: the response deadline for ejectment is 10 calendar days, not 30. The tenant receives a Rule to Show Cause requiring an appearance or response within that shorter window. Apply the 30-day small claims timeline to an ejectment notice and you miss your hearing entirely.

Ejectment proceedings also have a shorter post-judgment window. Under SCMCR Rule 19, a Motion for New Trial in an ejectment case must be filed within 5 days after notice of the judgment; Rule 3 excludes intermediate Saturdays, Sundays, and holidays from that count and extends a nonworking last day to the next working day. The ordinary civil deadline is 10 days after notice.

Claim and Delivery: Recovering Property

A third type of action sometimes confused with small claims is Claim and Delivery under S.C. Code § 22-3-10(11). This is a lawsuit to recover possession of specific personal property worth up to $7,500 — not money damages, but the physical item itself.

If someone has your equipment, vehicle, or other personal property and won't return it, Claim and Delivery is the mechanism. If you are the defendant in a Claim and Delivery action, the plaintiff is asking the court to order you to hand over a specific item, not to pay a dollar amount.

How to Tell Which One You Are Facing

Look at the papers you were served:

Small claims (30-day deadline): The Summons (Form SCCA/704) and Complaint (Form SCCA/705) ask for a dollar amount. The Summons tells you to respond within 30 days.

Ejectment (10-day deadline): The papers reference a Rule to Show Cause, order you to appear or respond within 10 days, and seek possession of rented property. The statutory basis is Title 27, not the general civil jurisdiction statute.

Claim and Delivery: The papers seek return of a specific item, not a dollar amount. The complaint describes the property being claimed.

If your papers are ambiguous or combine claims (a landlord seeking both eviction and a money judgment for property damage), the shorter deadline controls for the ejectment portion. File your response to the ejectment action within 10 days and your answer to the money claim within 30.

Why This Matters for Defendants

The most dangerous version of this confusion runs in one direction: a tenant who receives ejectment papers and assumes they have 30 days to respond. They don't. Ten days is the window. Missing it can result in a default judgment for possession.

The reverse mistake — treating a 30-day small claims case as though it has a 10-day deadline — is less dangerous. You just file earlier than necessary.

If you have been served with a civil money claim and need to file your Answer within the 30-day window, the South Carolina Small Claims Response Guide walks through the complete defendant's process from reading the papers through the hearing.

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