South Carolina Small Claims Court LLC Representation

In Circuit Court, a corporation or LLC must be represented by a licensed attorney. No exceptions. But magistrate court has a specific carve-out that lets business entities send a non-lawyer to handle the case — as long as the paperwork is done correctly. If you own a small business in South Carolina and need to file or defend a claim under $7,500, this is one of the most practical features of summary court.

The Rule 21 Exception

Under Rule 21 of the South Carolina Rules of Magistrates Court (SCRMC), a business entity — corporation, LLC, or partnership — can be represented by a non-lawyer officer, agent, or employee. S.C. Code § 40-5-80 covers an individual's right to appear without an attorney; Rule 21 provides the separate exception for business entities in Magistrate Court.

The key requirement is authorization. The representative cannot simply walk into court and claim to speak for the company. They need a completed, executed authorization form on file.

Form SCCA/761 vs. SCCA/762

South Carolina provides two authorization forms:

Form SCCA/761 authorizes a specific person to represent the business in one specific case. If your LLC files a claim against a client who owes $4,000, you would complete Form SCCA/761 naming the representative and identifying the particular proceeding.

Form SCCA/762 provides standing authorization for the representative to handle multiple cases on behalf of the business. This is useful for companies that regularly file in magistrate court — a property management company collecting unpaid rent, for example, or a repair shop pursuing unpaid invoices.

Submit the appropriate form at the time of filing or before the trial date. Some magistrate offices will accept it at trial, but filing it early avoids any risk of the case being continued because the authorization was not on record.

Who Qualifies as a Representative

The representative must be a genuine officer, agent, or employee of the business entity. That means:

• An LLC member or manager
• A corporate officer or director
• A bona fide employee or agent with an actual connection to the company

You cannot hire an independent third-party non-lawyer lay advocate to represent the business. The rule is designed to let the people who actually work at the company handle their own court matters, not to create a market for unlicensed legal representatives.

If you are the sole member of an LLC and the only employee, you are the obvious representative. Complete Form SCCA/761, and you are authorized to handle the case yourself just as you would if you were a sole proprietor.

Common Mistakes

Filing without the authorization form. The magistrate can refuse to let the representative proceed or continue the case until the form is on file. In a worst case, the entity's claim or defense is dismissed for lack of proper representation.

Sending someone with no actual connection to the business. A friend or family member who is not an employee or officer does not qualify, even with a signed form.

Confusing sole proprietorship with LLC. If you operate as a sole proprietor (no LLC filing with the Secretary of State), you do not need Form SCCA/761 at all. Sole proprietors represent themselves as individuals. The form is only required for business entities — corporations, LLCs, and partnerships.

For more on business representation rules and the full magistrate court filing process, our South Carolina Small Claims Filing Guide includes step-by-step instructions for both individual and business entity filers.

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