South Carolina Small Claims Court Tips for Defendants

Being sued is stressful. Being sued and having to handle it yourself — without a lawyer, in a court system you have never used — is worse. But South Carolina Magistrate Court is designed for exactly this situation: self-represented people resolving disputes up to $7,500.

Here are the practical things that matter most when you are the defendant.

Do Not Ignore the Papers

This is the single most important tip. If you were properly served with a Summons and Complaint and you do nothing, the plaintiff may seek a default judgment. For a liquidated claim, the court 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. If you did not answer and a default hearing is held, your participation is limited to cross-examining witnesses and objecting to evidence.

Under SCMCR Rule 7(b), the usual answer period is 30 calendar days, starting the day after service; if service used another method under Rule 6, use the period stated in the Summons. Rule 7 allows a written answer or an in-person oral answer. That deadline is real and enforced.

File Your Answer Early

Do not wait until Day 29. Filing early gives you a margin for unexpected problems — the clerk's office is closed for a holiday you did not know about, you discover a problem with your paperwork, or your certified mail takes longer than expected.

File at least a week before the deadline if possible. There is no penalty for filing early and no advantage to waiting.

Respond to Every Allegation

When writing your Answer, address each numbered paragraph in the Complaint individually. For each one, state whether you admit it, deny it, or lack knowledge to respond.

Do not write a general narrative and hope it covers everything. An allegation you skip may be treated as admitted by the court.

Prepare Copies of Your Evidence

The statewide Magistrate Court Rules do not require three physical copies of every exhibit. Preparing three copies when practical — one for the magistrate, one for the opposing party, and one for yourself — can make it easier to share and follow the evidence.

Organize your documents before you arrive. Label them clearly. Have them in order so you can find what you need when the magistrate asks.

Do Not Rely on Written Witness Statements

This trips up nearly every first-time defendant. In South Carolina Magistrate Court, witnesses generally testify live in person. A signed letter from your witness, even if notarized, is generally inadmissible as hearsay. A magistrate may authorize a written examination under SCMCR Rule 23(f) when the witness cannot attend for just cause, extreme age, sickness or infirmity, or because the witness does not live in the court's county; a personal letter is not a substitute for that procedure.

If someone saw what happened and their testimony supports your case, they need to be in the courtroom. If they will not come voluntarily, subpoena them ($8.00 per in-county subpoena through the clerk, plus $25.00 per day and mileage payable to the witness).

Know What the Plaintiff Must Prove

The plaintiff has the burden of proof. They must demonstrate, by a preponderance of the evidence (more likely than not), that their version of events is correct and that you owe the amount claimed.

You do not have to prove you are innocent. You have to create enough doubt about the plaintiff's case that the magistrate is not convinced.

Focus your preparation on the weakest parts of the plaintiff's claim: missing documentation, inconsistencies in their story, evidence that contradicts their version of events.

Consider Settlement

Not every case needs a trial. If the plaintiff's claim has some merit and the amount is modest, a settlement for less than the full claim may be the most practical outcome.

You can negotiate at any point — before the hearing, at the courthouse, or even after the magistrate suggests it. Get any agreement in writing and ask the court to enter it as a consent order so both sides are bound.

Do Not Argue With the Magistrate

Magistrates in South Carolina are trained in the law and court procedure. Present your facts, answer questions directly, and let the evidence speak. Emotional arguments, personal attacks on the plaintiff, or disputes with the magistrate's rulings hurt your case.

If the magistrate asks a question, answer it. If they make a procedural ruling you disagree with, note it for a potential appeal — do not argue it in the moment.

Dress Appropriately and Arrive Early

This is not about formality for its own sake. A defendant who arrives on time, dressed respectfully, with organized documents signals to the magistrate that they take the proceeding seriously. A defendant who arrives late, disheveled, and fumbling through a stack of unsorted papers signals the opposite.

Arrive 15 to 30 minutes early. Use the time to review your documents and get comfortable in the courtroom.

Know Your Post-Decision Options

If the judgment goes against you, you have:

• 10 days after notice of judgment to file a written Motion for New Trial in an ordinary civil case; 5 days after notice in landlord-tenant actions under Title 27, Chapters 37 and 40 (intermediate weekends and holidays are excluded from the 5-day count, and a nonworking last day moves to the next working day)
• 30 days after delivery of written notice of judgment, or after announcement in your or your attorney's presence, to appeal to the Court of Common Pleas; if you file a timely motion for a new trial, the appeal period runs for 30 days after the motion is denied

Both deadlines are strict. If you plan to challenge the decision, start preparing immediately — do not wait.

And one important protection: South Carolina prohibits wage garnishment for general civil judgments. The plaintiff cannot have money deducted from your paycheck to satisfy the judgment.

The Responding to a Small Claims Case in South Carolina guide covers each of these steps in detail, with fill-in worksheets for the deadline calculation, answer preparation, evidence organization, and hearing day.

See more South Carolina guides →