South Carolina Small Claims Fee Waiver: How to File Without Paying the $80 Fee

The $80 filing fee shouldn't keep you out of Magistrate Court if you genuinely can't afford it. South Carolina allows plaintiffs who show they cannot pay to ask to proceed In Forma Pauperis (IFP).

How to Apply

You'll use Form SCCA/741 — Motion and Affidavit to Proceed In Forma Pauperis. File the motion with your proposed complaint and an affidavit showing you cannot pay. Include accurate details about your financial situation, such as:

• Gross monthly and annual household income
• Liquid assets (cash, savings, checking accounts)
• Number of household dependents
• Monthly expenses and financial obligations

Submit the completed form to the magistrate along with your complaint. The magistrate reviews it and either grants or denies the waiver.

Who Qualifies

Rule 5(c) of the South Carolina Rules of Magistrates Court does not set a fixed income percentage or liquid-asset cap. The magistrate considers whether your affidavit shows that you cannot pay the required fee, so include relevant information about your income, assets, debts, household, and expenses.

What the Fee Waiver Covers

Form SCCA/741 lets the court waive the filing fee and service cost. The order can grant or deny those separately, so check which relief the magistrate approved. Separate costs include:

• Private process server fees — if you need someone other than the sheriff to serve the defendant, that's your cost
• Court reporter fees — if you want a transcript for appeal purposes, hiring a reporter is out of pocket
• Appeal filing fee — the $150 fee to appeal to the Court of Common Pleas is a separate cost

Witness subpoenas have statutory charges totaling $8 before mileage: $3 to summon a witness and $5 for service. Ask the magistrate whether the IFP order covers those costs.

The waiver applies to the Magistrate Court proceeding. If you later appeal, you'd need to apply for a separate fee waiver at the circuit court level.

Can the Other Side Find Out?

The IFP application becomes part of the court record. The defendant's attorney could see it. For most small claims cases between individuals, this is unlikely to matter. The defendant probably won't ask for your court file, and even if they do, your financial situation doesn't affect the merits of your claim.

What If You're Denied

If the magistrate denies your IFP application, you'll need to pay the fee to proceed. Check the order for the payment deadline and ask the clerk what next steps apply.

If you qualify for South Carolina Legal Services (SCLS) assistance — call their intake line at 1-888-346-5592 — they may be able to help with your case and cover filing costs through their representation.

The South Carolina Small Claims Filing Guide walks through every fee in the process and explains how to minimize costs at each step.

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