Served With Small Claims Papers in South Carolina: What to Do First

Someone just handed you legal papers, or you signed for a certified mail envelope with a court case number on it. Your stomach dropped. That is a normal reaction — but the worst thing you can do right now is freeze.

Under SCMCR Rule 7(b), the usual answer period is 30 calendar days, starting the day after service. Rule 7 allows a written answer or an in-person oral answer, which court staff will reduce to writing. If service used another method under Rule 6, follow the period stated in the Summons. Missing the applicable deadline can lead to a default judgment, and your participation at any default hearing is limited.

Here is what to do in the first 48 hours.

Verify the Papers Are Real

Before anything else, confirm you are looking at genuine court process. Official South Carolina Magistrate Court papers include a Summons (Form SCCA/704) and a Complaint (Form SCCA/705). Both should show the county name, a civil case number, the magistrate court division, and the plaintiff's contact information.

If something looks off — no case number, demands for immediate payment by wire transfer or gift card, threats of arrest — you may be looking at a scam. Real civil court papers never demand immediate phone payments.

To verify, search your name or the case number on the South Carolina Judicial Branch public index at ctrack.sccourts.org, or call the civil division clerk of the county magistrate court listed on the papers. Use a phone number from the county's official .gov website, not one printed on the documents themselves.

Even if you suspect fraud, do not ignore the papers. If a real case has been filed and you don't respond, the court enters judgment against you whether you believe the process was legitimate or not.

Calculate Your 30-Day Deadline

The clock starts the day after you were served — either the day the sheriff handed you the papers or the day you signed the certified mail receipt. The service date is Day 0. Day 1 is the next calendar day.

Count forward 30 calendar days, including weekends and holidays. If day 30 is not a working day, Rule 3 extends the deadline to the next working day.

Write that date down. Put it in your phone. Everything else flows from this deadline.

If you file a written Answer, the clerk must receive it by the deadline — not just have it postmarked. If you answer orally, appear in person at the court within the deadline. A phone call or email to the clerk is not an Answer and will not stop default.

Read the Complaint Carefully

The Complaint tells you exactly what the plaintiff says you did and how much they want. Read every numbered paragraph. For each one, decide whether you agree, disagree, or don't have enough information to say either way. Those three responses — admit, deny, or deny for lack of knowledge — are the building blocks of your written Answer.

Pay attention to the dollar amount. South Carolina Magistrate Court handles claims up to $7,500 (with an unlimited exception for landlord-tenant disputes over rent and possession under S.C. Code § 22-3-10). If the amount seems wrong or the claim doesn't fit this court, that could be a defense.

Decide Whether to Respond, Settle, or Counterclaim

You have three basic paths:

File an Answer denying some or all of the claim. This is the most common response. You show up to the hearing, present your side, and the magistrate decides.

Settle before the hearing. If you owe something but disagree on the amount, reaching out to the plaintiff to negotiate can save both of you the hearing. But settlement talks do not pause your response deadline. File your Answer first, then negotiate. If you reach a deal, both parties sign a Stipulation of Dismissal and file it with the clerk.

File a counterclaim. If the plaintiff actually owes you money from the same transaction — you paid a contractor who didn't finish the job, or a buyer damaged your property before returning it — you can file a counterclaim alongside your Answer. Counterclaims up to $7,500 stay in Magistrate Court. If your counterclaim exceeds $7,500, either waive the excess or the entire case transfers to the Court of Common Pleas.

File Your Answer

You may file a written Answer with the Magistrate Court clerk in the county listed on the Summons, or appear in person and answer orally. Under SCMCR Rule 7, the court delivers a copy of the Answer to the plaintiff as provided by Rule 8; if the plaintiff has an attorney, delivery goes to the attorney.

The clerk can give you a blank Answer form, but they cannot tell you what to write. South Carolina law prohibits court clerks from giving legal advice — they can explain scheduling and procedure, not strategy.

If you need help and cannot afford an attorney, South Carolina Legal Services (1-888-346-5592 or sclegal.org) provides free civil legal assistance for income-eligible residents.

What Happens If You Do Nothing

If you do not answer within the applicable response period, the plaintiff may seek a default judgment. For a liquidated claim, the court may enter judgment without a separate hearing. For an unliquidated claim, SCMCR Rule 11(a) permits judgment without a separate damages hearing if the plaintiff serves an itemized account and an affidavit stating the account is true and correct and unpaid with the Summons; otherwise, the plaintiff must prove damages at a hearing. If you did not answer and a default hearing is held, your participation is limited to cross-examining witnesses and objecting to evidence.

A default judgment is not the end of the world, but undoing one is harder than responding on time. Under SCMCR Rule 19, a written Motion for New Trial in an ordinary civil case is due within 10 days after notice of judgment. Under Rule 18, an appeal to the Court of Common Pleas is due within 30 days after delivery of written notice of judgment, or within 30 days after announcement if the judgment was announced in the presence of the parties or their attorneys. If you file a timely motion for a new trial, the right to appeal exists for 30 days after the motion is denied. SCMCR Rule 12 separately allows a motion for relief from judgment.

The simplest path through this is the one that starts now: read the papers, count the days, and file your Answer.

If you want a step-by-step walkthrough of every stage — from reading the Summons through the hearing and beyond — the South Carolina Small Claims Response Guide covers the entire defendant's process in one place.

See more South Carolina guides →