South Carolina Small Claims Limit: The $7,500 Cap and What It Means for Your Case

The monetary limit for small claims in South Carolina is $7,500. That's the maximum you can sue for in Magistrate Court under S.C. Code § 22-3-10. It's exclusive of interest and court costs — those get added on top if you win.

What the $7,500 Cap Covers

Magistrate Court jurisdiction applies to monetary claims for breach of contract, property damage, personal injury, unpaid debts, and statutory penalties. The $7,500 figure is the total damages you're requesting, not the value of the underlying transaction. If a contractor owes you $5,000 on a $20,000 job, your claim is $5,000 and it fits within the limit.

The cap hasn't changed in recent legislative sessions. Bills proposing to raise it surface periodically, but as of 2026, $7,500 remains the operative ceiling.

What Happens If Your Claim Exceeds $7,500

You have two choices when your actual damages are above the limit:

Waive the excess and stay in Magistrate Court. You explicitly give up recovery of anything over $7,500. If you're owed $9,000, you file for $7,500 and accept that you'll never collect the remaining $1,500, even in a later lawsuit. The trade-off is speed, lower costs, and simpler procedure.

File in the Court of Common Pleas. This is South Carolina's general jurisdiction trial court. No monetary cap. But the process is more formal, takes longer, and you may want an attorney.

The Claim-Splitting Rule

You cannot divide a single claim into multiple smaller lawsuits to stay under the $7,500 limit. If a contractor owes you $12,000 from one project, you can't file one suit for $7,000 and another for $5,000. That's claim-splitting, and courts dismiss it.

Each distinct cause of action is treated separately, though. If the same person owes you $5,000 on an unpaid invoice and separately caused $3,000 in property damage, those are two different claims — each fits under the cap on its own.

What About Counterclaims?

If the defendant files a counterclaim that exceeds $7,500 and doesn't voluntarily waive the excess, the Magistrate Court loses jurisdiction over the entire case — your original claim and the counterclaim. Under S.C. Code § 22-3-30, the magistrate must transfer everything to the Court of Common Pleas.

This means your quick, low-cost Magistrate Court case could get bumped to circuit court because of the defendant's counter-filing. It's uncommon, but it happens.

The Landlord-Tenant Exception

Landlord-tenant possession cases under the South Carolina Residential Landlord and Tenant Act are an exception. Summary ejectment proceedings to recover possession aren't subject to the $7,500 cap on possession, and unpaid rent accruing during a pending proceeding may be recovered with possession even if it exceeds $7,500. General monetary claims remain subject to the cap.

Does Interest Count Toward the Limit?

No. The $7,500 limit applies to the principal damages you claim. Prejudgment interest (8.75% annually on liquidated debts under S.C. Code § 34-31-20) and court costs are calculated on top of the judgment amount.

Our South Carolina Small Claims Filing Guide explains how to calculate whether your claim fits the limit, how to handle the waiver decision, and what to do if a counterclaim threatens to push your case out of Magistrate Court.

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