South Carolina Small Claims Filing Fee: How Much It Costs to Sue in Magistrate Court

Filing a small claims case in South Carolina Magistrate Court costs $80 — but that's not the only expense. Depending on how you serve the defendant and whether you need witnesses at trial, the total can run higher.

The $80 Base Filing Fee

The standard civil filing and service fee in South Carolina Magistrate Court is $80. This covers filing your complaint and having the court process your paperwork. Payment is usually by cash, money order, cashier's check, or credit card at the clerk's office. If you're filing by mail, enclose a money order or cashier's check.

This fee applies per case, not per defendant. If you're suing two defendants in the same action, one $80 fee covers the filing.

Additional Costs Beyond the Filing Fee

Witness subpoenas have statutory charges totaling $8 before mileage: $3 to summon a witness under S.C. Code § 8-21-1060(1), plus $5 for service under § 8-21-1060(4). If a key witness won't come voluntarily or you need records from a third party (like a bank), you'll request a subpoena from the clerk.

Private process servers charge their own fees, typically $30 to $75 per service attempt. Sheriff service is usually included in or partially covered by the filing fee, depending on the county.

Court reporters are entirely optional — Magistrate Court doesn't provide one. But if you want a transcript for appeal purposes, hiring a private reporter costs $200 or more. You must arrange and pay for this yourself.

Appeal filing fee is $150 if you appeal a Magistrate Court judgment to the Court of Common Pleas. That's paid to the County Clerk of Court, not the Magistrate Court.

Can You Get the Filing Fee Waived?

Yes. If you can't afford court fees, you can petition to proceed In Forma Pauperis (IFP) using Form SCCA/741. File the motion with your proposed complaint and an affidavit showing that you cannot pay; include your income, assets, dependents, and monthly expenses.

The South Carolina Rules of Magistrates Court set no fixed income percentage or liquid-asset cap. If the magistrate approves, the order can waive filing fees and service costs. It does not cover third-party costs like private process servers or court reporters.

Can You Recover Court Costs If You Win?

If you win your case, the magistrate can include court costs in the judgment. This typically covers the filing fee and service costs. It doesn't cover your time, travel, or lost wages for attending court.

Whether you actually collect those costs depends on whether the defendant pays the judgment. The court doesn't collect money on your behalf — that's on you to enforce.

Budget for the Full Process

For a straightforward case with sheriff service and no appeal, budget around $80 to $120 total. A case requiring a private process server, subpoenaed witnesses, and a hired court reporter could run $300 or more before you factor in your own time.

The South Carolina Small Claims Filing Guide breaks down every fee you'll encounter and includes a deadline calendar so you know exactly when each cost hits.

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