$0 South Carolina Small Claims Collection Checklist

South Carolina Judgment Enforcement Fees and Court Costs

Winning a judgment in South Carolina magistrate court does not end the spending. Every enforcement step — writs of execution, transcript filings, bank levies, supplementary proceedings — carries its own fee. And unlike the original filing fee, these costs come out of your pocket upfront with no guarantee the debtor will reimburse you.

Knowing the full cost picture before you start matters. On a $2,000 judgment, spending $300 in enforcement fees before discovering the debtor owns nothing exempt from seizure is a painful lesson.

Magistrate Court Enforcement Fees

These are the fees you pay when enforcing directly through the magistrate court that issued the judgment:

Writ of execution issuance: $10. This authorizes a magistrate constable to seize the debtor's non-exempt personal property within the county. Under S.C. Code § 15-39-30, executions may issue within 10 years after the original judgment entry and remain active during that period without renewal.

Constable levy fee: $10. The constable charges this for locating, levying on, posting, advertising, and conducting the sale of personal property. If the constable cannot find any non-exempt property, you still pay both fees.

Total for a basic magistrate execution attempt: $20. This is the cheapest enforcement tool available, but it only reaches personal property (not real estate) within the magistrate's county.

Circuit Court (Court of Common Pleas) Fees

To use the more powerful enforcement tools — real estate liens, supplementary proceedings, bank levies — you need to move the judgment to the Court of Common Pleas. Each step has its own cost.

Transcript of Judgment docketing: $35. You request a certified Transcript of Judgment (Form SCCA/740) from the magistrate court and file it with the Clerk of the Court of Common Pleas. E-filing adds a $5 technology fee. Once docketed, the judgment becomes a 10-year lien on the debtor's real estate in that county under S.C. Code § 15-35-810. If the debtor owns property in multiple counties, you file a separate transcript in each county and pay the docketing fee each time.

Supplementary proceedings motion fee: $25. This is the Common Pleas filing fee under S.C. Code § 8-21-320 for petitioning the court to compel the debtor to appear under oath and disclose assets. If the case is referred to a Master-in-Equity, expect an additional hearing fee of approximately $25.

Sheriff's civil process deposit: varies. When a circuit court execution targets personal property, the sheriff's civil process division requires an upfront deposit to cover mileage, levying fees, towing (for vehicles), secure storage, and public notice advertisements. The deposit amount depends on the county and the type of property involved. These costs are recoverable from sale proceeds, but only if the sale actually happens.

Process Service Costs

The Order of Reference and Rule to Show Cause in supplementary proceedings must be personally served on the debtor. Service costs depend on who serves the papers:

  • County sheriff service: Typically included in the deposit for civil process, but stand-alone service of a rule to show cause generally runs $30 to $50 depending on the county.
  • Certified process server: Private servers may charge $40 to $75 per attempt, plus mileage. Useful when the debtor is avoiding service.
  • Service by mail: Mailing alone does not satisfy the personal-service requirement for the Rule to Show Cause and Order of Reference in supplementary proceedings.

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Costs You Can Recover

Costs awarded in the original judgment remain part of the judgment. Do not assume that every post-judgment expense can be added to that balance: S.C. Code § 15-39-480 limits costs in supplementary proceedings to witness fees, disbursements, and a fixed sum not exceeding $30. Sheriff's execution expenses may be recovered from public-sale proceeds.

Post-judgment interest accrues at the Prime + 4% rate set under S.C. Code § 34-31-20 (currently 10.75% for the period January 15, 2026, through January 14, 2027). This interest applies to the entire judgment balance and compounds annually, which partially offsets enforcement expenses over time.

Adding Up a Realistic Scenario

Here is what a typical collection effort might cost for a $5,000 magistrate judgment where the debtor does not pay voluntarily:

Step Fee
Magistrate writ of execution $20
Transcript docketing (one county) $35–$40
Supplementary proceedings motion $25
Master-in-Equity hearing fee ~$25
Service of rule to show cause $30–$50
Sheriff deposit for personal-property execution $50–$150
Total estimated range $185–$310

That is 3% to 6% of a $5,000 judgment. For a $1,500 judgment, the same enforcement steps consume 10% to 20% of the award — a tougher calculation, but still cheaper than hiring an attorney at $150 to $300 per hour.

The key is knowing which tools to use first. A basic magistrate execution at $20 should always be your starting point. Only escalate to the costlier circuit court tools when the $20 attempt tells you there is something worth pursuing.

The South Carolina Judgment Collection Guide includes fee worksheets and a cost-tracking log for every enforcement step, so you can budget your collection effort before spending a dollar.

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