$0 South Carolina Small Claims Filing Checklist

South Carolina Small Claims Court Forms: Which Ones You Need and How to Get Them

South Carolina Magistrate Court uses standardized forms issued by South Carolina Court Administration (SCCA). You can't file on blank paper or use a template from another state. Here's what each form does and when you need it.

Form SCCA/701 — Civil Complaint

This is the main filing document for any civil claim in Magistrate Court. It covers party names and addresses, the factual basis of your claim, itemized damages, and the relief you're requesting. A magistrate civil summons attaches to it, notifying the defendant they have 30 days to file a written answer.

You'll need the original plus one copy per defendant, plus a copy for yourself. Suing one person means three complete sets. Suing two means four. Every exhibit — contracts, invoices, photographs, bank statements — gets duplicated and attached to each set.

If you're suing on an open account or unpaid invoices, the verification on the complaint must be notarized, and you must attach an itemized statement.

Form SCCA/741 — In Forma Pauperis (Fee Waiver)

If you can't afford the filing fee, Form SCCA/741 lets you ask the Magistrate Court to waive filing and service costs. File the motion with your proposed complaint and an affidavit showing that you cannot pay. The magistrate considers your financial circumstances; the Magistrates Court rule sets no fixed income percentage or liquid-asset cap.

An approved order covers only the court costs the magistrate waives — not separate private process-server costs or a court reporter if you hire one.

Forms SCCA/761 and SCCA/762 — Business Authorization

Corporations and LLCs can't represent themselves through just anyone. Under Rule 21 SCRMC, a business entity in Magistrate Court must be represented by a licensed attorney or by a non-lawyer officer, agent, or employee who files an authorization form.

Form SCCA/761 authorizes a specific person for one case. Form SCCA/762 provides standing authorization for multiple cases. The representative must be a genuine employee or officer — not an outside lay advocate hired for the occasion.

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Form SCCA/720 — Notice of Civil Appeal

If you lose at trial and want to appeal to the Court of Common Pleas, Form SCCA/720 is your vehicle. You must file it within 30 calendar days of receiving notice of the judgment, pay the $150 appeal filing fee, and serve copies on both the magistrate and the opposing party.

The appeal doesn't get you a new trial. The Circuit Court reviews the Magistrate Court record for errors of law only.

Where to Get the Forms

Official SCCA forms are available from the South Carolina Judicial Branch website (sccourts.org) as downloadable PDFs. Your county's Civil Magistrate Clerk can also provide paper copies.

Self-represented litigants cannot e-file — the eFlex electronic filing system is restricted to licensed attorneys. You'll file in person at the clerk's office or by mail, with the filing fee enclosed.

Common Form Mistakes

Wrong number of copies. The clerk will hand your packet back if you're short. Count: original + one per defendant + one for yourself.

Missing notarization. Open-account claims require a notarized verification. Don't skip this step or the clerk may reject the filing.

P.O. Box for a business defendant. You must list the registered agent's physical street address. Check the Secretary of State Business Entities portal for the correct address.

Forgetting to redact. South Carolina requires you to redact Social Security numbers (keep only the last four digits), full financial account numbers, and dates of birth from all filed documents.

Our South Carolina Small Claims Filing Guide includes line-by-line instructions for completing Form SCCA/701, a filing checklist, and a deadline calendar to track every step from complaint through judgment.

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