South Carolina Small Claims Court: What You Need to Know Before You File

South Carolina doesn't have a standalone small claims court. Small claims are heard in the civil division of the Magistrate Court — the same court that handles traffic tickets and minor criminal cases. If someone owes you $7,500 or less, this is where you go.

How Magistrate Court Works for Civil Claims

Every county in South Carolina has at least one Magistrate Court. Larger counties like Lexington split theirs into multiple districts. The court handles monetary disputes under S.C. Code § 22-3-10 — breach of contract, property damage, unpaid invoices, security deposit disputes, and similar claims where you're asking for money, not an injunction or property transfer.

You file a Civil Complaint on Form SCCA/701, pay the $80 filing fee, and the court issues a summons. The defendant gets 30 days to respond after being served. If they don't respond, you can request a default judgment. If they do respond, the court schedules a bench trial, typically 30 to 60 days later.

Magistrates follow the South Carolina Rules of Magistrates Court (SCRMC), which are simpler than circuit court rules but still require proper procedure. You can't just show up and tell your story — you need to file the right forms, serve the defendant properly, and present admissible evidence.

What Magistrate Court Can and Cannot Hear

The $7,500 limit is absolute for general civil claims. You cannot split a $12,000 debt into two $6,000 lawsuits — that's claim-splitting and it gets dismissed. Your options are to waive the amount over $7,500 and stay in Magistrate Court, or file in the Court of Common Pleas for the full amount.

Magistrate Court also cannot hear disputes involving real property title or equitable remedies like injunctions or specific performance. Most actions against the State are excluded, except statutory-penalty actions not exceeding $100. Family law, probate, and child support fall under different courts entirely.

One exception worth knowing: landlord-tenant possession cases aren't subject to the $7,500 cap on possession, and unpaid rent accruing during a pending summary ejectment proceeding may be recovered with possession even if it exceeds $7,500. General monetary claims remain subject to the cap.

Who Can Represent You

Individuals can represent themselves — and most people do. South Carolina Magistrate Court was designed for self-represented litigants.

Businesses need to pay attention. Corporations and LLCs can send a non-lawyer officer or employee to represent them in Magistrate Court under Rule 21 SCRMC. But that person must file Form SCCA/761 (for one case) or SCCA/762 (for multiple cases) authorizing them to appear. You can't hire an outside lay advocate to represent your company.

The Timeline From Filing to Judgment

A typical case moves through predictable stages. You file the complaint and serve the defendant. They have 30 calendar days to respond. If they answer, a trial date gets set roughly 30 to 60 days later. The hearing itself usually takes 30 minutes to an hour for straightforward claims.

After the magistrate rules, either side has 5 days to file a motion for a new trial, and 30 days to appeal to the Court of Common Pleas. If you win and the defendant doesn't pay voluntarily, you'll need to pursue judgment collection through execution orders, property liens, or supplementary proceedings — the court doesn't collect for you.

Key Rules That Trip People Up

Hearsay matters even here. Written statements from people who don't show up to testify are generally inadmissible. If a witness matters, they need to appear in person.

Service must be done correctly. You can't hand the papers to the defendant yourself. Service goes through the sheriff, a private process server, or certified mail with return receipt requested. If you use certified mail and it comes back "unclaimed," service failed and you need to try again through a sheriff or process server.

E-filing is off-limits for self-represented parties. South Carolina's eFlex system only accepts filings from licensed attorneys. Everyone else files in person or by mail.

The complete filing process — from checking whether your claim fits to collecting a judgment — involves more steps than most people expect. Our South Carolina Small Claims Filing Guide walks through every stage with the specific forms, deadlines, and procedural requirements you'll encounter in Magistrate Court.

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