How to Set Aside a Default Judgment in South Carolina Small Claims Court

You missed the applicable Answer deadline shown in the Summons — or you never knew you were sued — and now there may be a default judgment against you. The court may enter judgment without a separate hearing for a liquidated claim; other claims may require a hearing to establish damages.

A default judgment is a real, enforceable court order. But it is not always permanent. South Carolina law provides a mechanism to set it aside if you can show the court good reason.

What a Default Judgment Means

When a defendant fails to answer within the applicable response period, the plaintiff may seek a default judgment. For a liquidated claim, the magistrate may enter judgment without a separate hearing. For an unliquidated claim, SCMCR Rule 11(a) permits judgment without a separate damages hearing if the plaintiff serves an itemized account and an affidavit stating the account is true and correct and unpaid with the Summons; otherwise, the plaintiff must prove damages at a hearing. At a default hearing, a defendant who did not answer may cross-examine witnesses and object to evidence.

Once entered, a default judgment has the same force as a judgment after a full trial. A Magistrate Court judgment does not automatically create a lien on real property. The creditor can request a certified Transcript of Judgment from the magistrate clerk and record it in the Court of Common Pleas judgment index; the lien lasts 10 years from the original judgment date and cannot be renewed beyond that period. The creditor can also pursue writs of execution against personal property. South Carolina prohibits wage garnishment for general civil judgments under S.C. Code § 15-39-410.

The Magistrate Court Motion to Set Aside

Under SCMCR Rule 11(e), the court may set aside a default or default judgment for good cause in accordance with Rule 12. Rule 12(b) permits relief on listed grounds. When asking to set aside a default, explain the applicable ground and any potentially meritorious defense:

Excusable neglect — you had a legitimate reason for missing the deadline that a reasonable person in your position would also have missed. Examples: serious illness or hospitalization during the response period, a family emergency, military deployment, or not actually receiving the court papers due to an address error.

Improper service — you were never served in a manner allowed by SCMCR Rule 4. If the process server left papers at the wrong address or served someone who was not authorized to accept them, you may argue that the judgment is void under SCMCR Rule 12(b)(4).

Potentially meritorious defense — explain the real defense you would present if the case proceeds. A meritorious defense is not a separate Rule 12(b) ground, but the court may consider it along with the reason for the default.

South Carolina courts also consider whether you have a meritorious defense, along with the reason for the default and the timing of your motion.

Timing

Under SCMCR Rule 12(b), a motion must be filed within a reasonable time. What counts as reasonable depends on the circumstances, but longer delays require stronger justifications.

For excusable neglect, filing within days or weeks of discovering the default judgment gives you the strongest position. A motion filed months later, especially if you knew about the judgment and simply waited, is much harder to win.

There is also an outer limit: under SCMCR Rule 12(b), motions based on reasons (1), (2), or (3) must be filed within one year of the judgment. Motions based on other grounds must still be filed within a reasonable time.

How to File the Motion

Prepare a written motion that includes:

1. The case number and parties — match the original case caption
2. The ground for relief — which ground under SCMCR Rule 12(b) you are relying on
3. The facts supporting your ground — what happened, why you missed the deadline, and when you learned about the default judgment
4. Any potentially meritorious defense — summarize why the plaintiff's claim should not succeed, with enough detail that the magistrate can evaluate whether a trial could produce a different result
5. A proposed Answer — consider attaching the Answer you would have filed, fully completed, so the court can see your actual defense

File the motion with the same Magistrate Court that entered the default judgment. Deliver a copy to the plaintiff or their attorney as provided by SCMCR Rule 8, by hand or mail to the last known address. Rule 8 delivery by mail is complete upon mailing.

What the Court Considers

Magistrates weigh several factors:

• How long after the deadline or the judgment you filed the motion
• Whether the plaintiff would be prejudiced by reopening the case (have they already collected? Have witnesses become unavailable?)
• Whether your neglect was genuinely excusable or simply careless
• Whether your defense has enough substance to potentially change the outcome

South Carolina courts generally favor deciding cases on their merits rather than on procedural defaults, but that preference has limits. "I forgot" or "I didn't think it was important" rarely qualifies as excusable neglect.

If the Motion Is Granted

The default judgment is set aside. The case returns to its pre-default status, and the court can allow your proposed Answer to be filed before the case proceeds to a hearing.

You are essentially back to where you would have been if you had filed your Answer on time.

If the Motion Is Denied

The default judgment stands. Your remaining options are limited: you can appeal the denial to the Court of Common Pleas, but the appellate court reviews the magistrate's decision for abuse of discretion, which is a high bar.

The Responding to a Small Claims Case in South Carolina guide covers the default judgment risk in detail — including the deadline calculation, the Answer filing process, and the post-decision options available to defendants.

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