South Carolina Unpaid Invoice Small Claims

Ninety days past due, no reply to your invoices, and the client acts like they never hired you. If you are a freelancer, contractor, or small business owner in South Carolina owed $7,500 or less, magistrate court is designed for exactly this situation. The process is straightforward, but there are filing requirements specific to unpaid invoice claims that trip up first-time filers.

What You Need to File

Start with Form SCCA/701 (Civil Complaint). For claims based on an open account or unpaid invoice, South Carolina summary courts require you to attach an itemized statement of account to the complaint. This is not optional — it is a condition for the court to consider your claim, and it is particularly important if you end up seeking a default judgment.

The itemized statement must be verified. That means signed before a notary public. List each invoice by date, description of work or goods delivered, amount, and any payments received. The balance due should match the amount you are claiming in the complaint.

Submit the original complaint plus one duplicate copy for each defendant, along with the $80 filing fee. If you are suing a business that owes you money, you need to identify the correct legal entity — more on that below.

Suing a Business vs. an Individual

If your client is an individual or you are a sole proprietor suing another sole proprietor, use their full legal name (e.g., "Jane Smith d/b/a Smith Design Studio"). A trade name alone is not a separate legal entity.

If your client is an LLC or corporation, you must sue the exact corporate name registered with the South Carolina Secretary of State. Check the Business Entities Online portal to find the registered name and the physical street address of the company's registered agent. Service must go to the registered agent or a corporate officer — leaving papers with a receptionist does not count.

Requesting Prejudgment Interest

Here is something many small business owners miss: if the amount owed is a fixed, ascertainable sum, you can request prejudgment interest at the statutory rate of 8.75% per annum under S.C. Code § 34-31-20(A). A written demand by certified mail fixes the date from which liquidated-debt interest accrues. If your written contract specifies a legal interest rate, that rate applies instead.

Include the interest calculation in your complaint. On a $5,200 fixed balance, 90 days after the written demand date, the statutory interest adds roughly $113. One year after that date, it adds about $455.

Business Representation in Court

If you are filing as an individual or sole proprietor, you can represent yourself in magistrate court. But if your business is an LLC or corporation, the rules are different.

Under Rule 21 SCRMC, a business entity can be represented by a non-lawyer officer, agent, or employee — but only with the proper authorization form on file. Form SCCA/761 authorizes someone for a single specific case; Form SCCA/762 provides standing authorization for multiple cases. The representative must be a genuine employee or officer. You cannot hire an independent lay advocate to appear on the company's behalf.

Building Your Evidence Package

For an unpaid invoice claim, your evidence typically includes:

• The written contract or service agreement (if one exists)
• All invoices sent, with dates
• Proof of delivery — completed work files, delivery receipts, signed acceptance forms
• The demand letter you sent before filing (certified mail receipt)
• Any correspondence where the client acknowledged the debt or the work

Organize everything in three identical sets: one for the judge, one for the defendant, and one for yourself.

Our South Carolina Small Claims Filing Guide includes an evidence organization log and a demand letter template designed for unpaid invoice claims.

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