South Carolina Small Claims Court Appeal

Losing a magistrate court case stings, but it does not have to be the final word. South Carolina gives both plaintiffs and defendants the right to appeal a magistrate judgment to the Court of Common Pleas under Title 18, Chapter 7 of the South Carolina Code. The process is straightforward on paper, though the deadlines are tight and the filing requirements are strict enough that missing a single step forfeits the appeal entirely.

The 30-Day Appeal Window

The clock starts the day you receive written notice of the magistrate's judgment. You have exactly 30 calendar days to file a Notice of Civil Appeal using Form SCCA/720. File late, even by a single day, and the Circuit Court has no authority to hear the case.

Within that same 30-day window, you must serve a clocked copy of Form SCCA/720 on the presiding magistrate judge and every opposing party. The form must set forth the specific legal exceptions — the errors of law you believe the magistrate made.

Where to File and What It Costs

The appeal goes to the Clerk of Court in the Common Pleas Division (Circuit Court) for the county where the magistrate case was heard. The filing fee is $150.

If you want to stop the opposing party from collecting on the judgment while the appeal is pending, you will need to ask the magistrate for an appeal bond (supersedeas undertaking). Filing the appeal alone does not automatically stay execution of a money judgment.

What the Circuit Judge Actually Reviews

This is the part that surprises most people. The Court of Common Pleas does not conduct a brand-new trial. The Circuit Judge reviews the transcript, exhibits, and the magistrate's written return strictly for errors of law. If the magistrate applied the wrong statute, excluded admissible evidence, or made a procedural error that affected the outcome, the appeal has grounds. A disagreement with how the magistrate weighed witness credibility typically does not.

Because Magistrate Courts are not courts of record and do not provide official transcripts, you need to have arranged and paid for a licensed court reporter at trial if you want a verbatim record for the appeal. Without one, the appeal relies on the magistrate's written return, which is the judge's own summary of the proceedings.

Before You File the Appeal

Consider the Motion for New Trial option first. Under S.C. Code § 22-3-1000, you can file a written Motion for New Trial with the magistrate within 5 calendar days of receiving the judgment notice. If the magistrate grants it, you get a new hearing without the $150 Circuit Court fee and the more limited review standard.

A timely Motion for New Trial also pauses the appeal clock, giving you more time to decide whether to pursue the Circuit Court route.

Step-by-Step Appeal Checklist

1. Receive written notice of the magistrate's judgment
2. Decide within 5 days whether to file a Motion for New Trial (optional)
3. Complete Form SCCA/720 listing specific legal errors
4. File the form with the Common Pleas Clerk and pay the $150 fee within 30 days
5. Serve a clocked copy on the magistrate and all opposing parties within the same 30 days
6. Apply for an appeal bond if you need to stop judgment execution during the appeal
7. The magistrate has 30 days after receiving the Notice of Appeal to prepare and transmit the official record to the Circuit Court

If you are preparing for a magistrate trial and want to protect your appeal options from the start, our South Carolina Small Claims Filing Guide includes a deadline calendar that tracks every critical window from filing through appeal.

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