South Carolina Small Claims Court 30-Day Answer Deadline
For service under SCMCR Rule 7(b), you have 30 calendar days to answer, starting the day after service. If service used another method under Rule 6, use the period stated in the Summons. Rule 7 allows a written answer or an in-person oral answer; court staff will reduce an oral answer to writing. Not 30 business days. Not "about a month." The 30-day period is computed under a specific rule, with a weekend or holiday extension.
If you miss the deadline, 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.
How to Count the 30 Days
SCMCR Rule 7(b) sets the usual 30-day period. If service used another method under Rule 6, the Summons states the response period. For the 30-day period, the count works like this:
Day 0 is the date of service — the day a process server handed you papers, or the day you signed for certified mail delivery. That day does not count toward the 30.
Day 1 is the next calendar day. Count straight through from there — every day, including Saturdays, Sundays, and state holidays.
Day 30 is your deadline. A written Answer must be received by the Magistrate Court clerk by close of business on that day; if answering orally, appear in person at the court within the deadline.
If Day 30 is not a working day, Rule 3 extends the deadline to the next working day.
Worked Example
Suppose you were personally served on Wednesday, March 4, 2026.
- Day 0: March 4 (service date — does not count)
- Day 1: March 5
- Day 30: April 3 (a Friday)
Your Answer is due by close of business on Friday, April 3. If the 30th day falls on a Saturday, the deadline extends to the next working day.
What "Filed" Means
Your Answer is filed when the Magistrate Court clerk receives it — not when you mail it. If you mail your Answer on Day 29 and it arrives on Day 31, you missed the deadline.
Filing options:
- In person at the Magistrate Court clerk's office during business hours
- Orally in person by appearing at the Magistrate Court within the deadline
- Certified mail sent early enough that it arrives before the deadline
Self-represented litigants cannot use South Carolina's statewide E-Filing system. Ask the clerk whether any other local filing option is available. The safest approach is filing in person, with at least several days to spare for any unexpected issues.
Free Download
Get the South Carolina Small Claims Response Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
The Court Delivers a Copy to the Plaintiff
Under SCMCR Rule 7(a), the court delivers a copy of the Answer to the plaintiff under Rule 8. If the plaintiff has an attorney, delivery goes to the attorney. Rule 8 allows delivery by hand or mail to the party's last known address; delivery by mail is complete when mailed. Rule 7 does not require the defendant to separately serve the Answer or file a Certificate of Service.
What Happens If You Miss the Deadline
If no Answer is made 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 a real, enforceable court order. It can result in a judgment lien on real property after the creditor requests a certified Transcript of Judgment from the magistrate clerk and records it in the Court of Common Pleas judgment index, as well as writs of execution against personal property. One protection: South Carolina prohibits wage garnishment for general civil judgments under S.C. Code § 15-39-410.
A default or default judgment may be set aside for good cause under SCMCR Rule 11(e) and Rule 12. Rule 12 includes grounds such as excusable neglect, newly discovered evidence, fraud, or a void judgment, with time limits that depend on the ground.
Can You Get More Time?
The rules do not provide an automatic extension beyond the weekend/holiday rule. However, if you have a genuine reason you cannot meet the deadline — a medical emergency, military deployment, or similar — you can file a Motion for Extension of Time before the deadline expires. The magistrate may grant additional time at their discretion.
Filing the motion does not automatically extend the deadline. You still need the court to grant it.
The Responding to a Small Claims Case in South Carolina guide includes a fill-in deadline calculator worksheet and walks through the complete Answer filing process step by step.
Get Your Free South Carolina Small Claims Response Checklist
Download the South Carolina Small Claims Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.