Sued by a Contractor in South Carolina Small Claims Court

A contractor files a claim in South Carolina Magistrate Court saying you owe money for work they performed. The Summons arrives and, under ordinary service, you have 30 calendar days to respond. But you stopped paying because the work was incomplete, defective, or never matched what was agreed. Now you need to figure out whether to dispute the bill, admit part of it, or counterclaim for the cost of fixing what they got wrong.

Contractor-homeowner disputes are one of the most common civil cases in Magistrate Court. The good news is that you are not limited to arguing about the contractor's invoice — you can bring your own claim into the same case.

Your 30-Day Answer Deadline

Under SCMCR Rule 7(b), for ordinary service the answer period is 30 calendar days, starting the day after service. Rule 7 allows you to file a written answer or appear in person and answer orally. If service used another method under Rule 6, follow the period stated in the Summons. The day you were served is Day 0. Count forward 30 calendar days. If day 30 is not a working day, Rule 3 extends the deadline to the next working day.

Do not assume you can resolve this informally before the deadline. Settlement discussions do not pause the 30-day clock. Answer first, then negotiate.

Common Defenses in Contractor Disputes

Your Answer should respond to each paragraph of the Complaint and then raise any defenses that apply. In a typical contractor claim, these are the most relevant:

Work was incomplete or defective. If the contractor did not finish the job or the finished product does not meet the specifications agreed to in the contract, you can deny the full amount owed and present evidence of the deficiency. Photographs of the work, written estimates from other contractors to finish or repair it, and the original contract scope are your core exhibits.

No written contract, or the contract terms differ from what was billed. South Carolina Magistrate Court handles contract disputes, but the terms of the agreement are what control the outcome. If the contractor is billing for work outside the original scope (change orders you never approved, materials you didn't authorize), point to the contract — or, if there was no written contract, to text messages, emails, or other communications that establish what was agreed.

Statute of limitations. Contract claims in South Carolina must be filed within three years under S.C. Code § 15-3-530. If the contractor waited more than three years from the date the payment was due, the claim is time-barred. Raise this defense in your Answer.

Offset for damages. If the contractor's defective work caused you additional costs — water damage from bad plumbing, electrical code violations requiring a licensed electrician to fix — those costs reduce what you owe. Document every repair expense with receipts and, where possible, a written statement from the professional who did the corrective work.

Filing a Counterclaim

If the contractor owes you more than an offset — you paid a deposit for work that was never started, or the cost to repair their defective work exceeds the unpaid balance — you can file a counterclaim alongside your Answer.

Counterclaims up to $7,500 stay in Magistrate Court and are heard at the same hearing as the contractor's claim. If your counterclaim exceeds $7,500, you have two choices: waive the excess (permanently giving up recovery above $7,500) to keep the case in Magistrate Court, or let the entire action transfer to the Court of Common Pleas under S.C. Code § 22-3-30.

The transfer is automatic when an over-limit counterclaim is filed without a waiver. Common Pleas means formal civil procedure, full discovery, and mandatory attorney representation for business entities. For most homeowner disputes under $7,500, staying in Magistrate Court is faster and simpler.

What to Bring to the Hearing

The magistrate decides based on evidence, not arguments. Prepare three copies of every exhibit: one for the judge, one for the contractor (or their attorney), one for yourself.

Strong evidence in a contractor dispute:

• The original contract or written estimate, including scope of work and payment schedule
• Photographs of the work at various stages, especially the condition when the contractor left
• Text messages or emails about the project (print the full thread, not cropped screenshots)
• Written repair estimates from other licensed contractors
• Receipts for materials or corrective work you paid out of pocket
• Bank statements or canceled checks showing payments already made

If a witness (a neighbor who saw the work, another contractor who assessed the damage) is unwilling to appear voluntarily, you can subpoena them through the clerk using Form SCCA/724. The court charge is $8 per in-county subpoena; the requesting party must also pay the witness $25 per day of attendance plus mileage.

After the Decision

If the magistrate rules in the contractor's favor, SCMCR Rule 19 gives you 10 days after notice of judgment to file a written Motion for New Trial. Under Rule 18, an appeal to the Court of Common Pleas is due within 30 days after delivery of written notice of judgment, or within 30 days after announcement if the judgment was announced in the presence of the parties or their attorneys. If you file a timely motion for a new trial, the right to appeal exists for 30 days after the motion is denied. The appeal reviews the existing record — no new evidence.

If you win your counterclaim and the contractor does not pay, South Carolina prohibits wage garnishment for general civil judgments. To create a lien against the contractor's real property, 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.

For a full walkthrough of the defendant's process — from the first reading of the Summons through the hearing, evidence preparation, and post-judgment options — the South Carolina Small Claims Response Guide covers everything in order.

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