As a lawyer in Charleston, I’ve helped many clients with cases in South Carolina’s small claims court. Small claims court, which is handled by the magistrate’s court, is designed to make it easier for people to resolve legal disputes without the expense of hiring an attorney.
Still, many people who file a claim or are sued for the first time don’t know how much they can sue for, how to file, what deadlines apply, or what to expect at the hearing. In this article, we explain the process from filing through collecting a judgment and offer practical tips to help you present your case. So how does small claims court work in South Carolina, and how can you represent yourself effectively?
Quick Answer: In South Carolina, small claims cases are heard in magistrate’s court, which handles most civil claims of $7,500 or less, such as unpaid debts, breach of contract, and property damage. To file, you complete a complaint at the magistrate’s office, pay a filing fee, and serve the defendant, who generally has 30 days after service to answer. The rules of evidence are relaxed, but you still need documents and witnesses to prove your case.
Table of Contents
- How Does Small Claims Court Work in South Carolina?
- What Is the Small Claims Limit in South Carolina?
- What Kinds of Cases Can You Bring in Small Claims Court?
- How Do You File a Small Claims Case in South Carolina?
- What Should You Do If You Are Sued in Small Claims Court?
- What Happens If You Do Not Answer on Time?
- Can You Request a Jury Trial in Small Claims Court?
- How Should You Prepare for Your Small Claims Hearing?
- How Do You Collect a Small Claims Judgment?
- Can You Appeal a Small Claims Decision?
- Should You Hire a Lawyer for Small Claims Court?
How Does Small Claims Court Work in South Carolina?
In South Carolina, “small claims court” is the common name for the civil side of the magistrate’s court. It is set up for the “just, speedy, and inexpensive determination” of civil cases. The person who files the claim is the plaintiff, and the person being sued is the defendant. Most cases follow the same basic steps: the plaintiff files a complaint, the defendant is served and has a deadline to answer, the court schedules a hearing or trial, and the magistrate or a jury decides the case.
The rules in magistrate’s court are more relaxed than in other courts, such as the Court of Common Pleas. According to Magistrate Court Rule 13, trials should be conducted informally, and the South Carolina Rules of Evidence apply but “shall be relaxed in the interest of justice.” Rule 13 also provides that if a party does not have a lawyer, the magistrate shall question the parties and witnesses “in order to assure that all claims and defenses are fully presented.”
What Is the Small Claims Limit in South Carolina?
Under S.C. Code Section 22-3-10, magistrates have jurisdiction over most civil cases where the amount in controversy is $7,500 or less. If your claim is worth more than $7,500, you generally must either file in the Court of Common Pleas (circuit court) or give up the amount over $7,500 to stay in magistrate’s court. The following table summarizes the key rules:
| Issue | General Rule in South Carolina Magistrate’s Court |
|---|---|
| Maximum amount | $7,500 for most civil claims |
| Where to file | Generally, the magistrate’s court in the county where the defendant lives |
| Deadline to answer | Generally, 30 days after the defendant is served |
| Counterclaims | The defendant may file a counterclaim against the plaintiff |
| Jury trial | Either party may request a jury trial in writing at least five working days before the original trial date |
| Rules of evidence | The rules apply but are relaxed in the interest of justice |
| Appeal | To the circuit court within 30 days after delivery of written notice of the judgment, or within 30 days of the announcement of judgment at trial if the parties or their attorneys are present |
Timing matters too. Most claims for breach of contract and property damage in South Carolina are subject to a three-year statute of limitations, so don’t wait too long to file. For larger or more complicated disputes that exceed the small claims limit, our Charleston business and contract attorneys can help.
What Kinds of Cases Can You Bring in Small Claims Court?
Common small claims cases include unpaid loans and bills, breach of contract, unreturned security deposits, poor workmanship by a contractor or mechanic, and damage to your car or other property. For example, if your neighbor’s dead or decayed tree falls and damages your fence or car, you may be able to recover the cost of repairs in small claims court, as we explain in our article on dealing with your South Carolina neighbor’s falling or overhanging trees.
Magistrate’s court cannot hear every type of case. For example, magistrates generally cannot decide disputes over real estate title, and family law matters such as divorce, custody, and child support belong in family court. If you are not sure whether your claim belongs in magistrate’s court, the magistrate’s office can explain its procedures and forms, but cannot give you legal advice about which court to choose.
How Do You File a Small Claims Case in South Carolina?
The process is straightforward. Go to the magistrate’s office in the proper county, explain your claim to the magistrate or the clerk, complete the complaint form, and pay the filing fee. You will need the defendant’s correct name and address so the defendant can be served. The magistrate’s office can explain the procedure and help you complete necessary forms if the court determines that you need assistance.
After the complaint is filed, the court issues a summons; the summons and complaint must be served together on the defendant. Service may be made by a sheriff, deputy, magistrate’s constable, or another person permitted by the court rules, and other authorized methods of service may be available. Ask the court about any applicable service fee.
Before you file, gather everything that supports your claim, such as contracts, invoices, receipts, estimates, photographs, text messages, and emails. You should also be able to explain exactly how you calculated the amount you are asking for. If you can resolve the dispute before filing, it may save you time and money, and our article on negotiation strategies for settlement agreements offers tips for those discussions.
What Should You Do If You Are Sued in Small Claims Court?
If you’ve received a small claims complaint, read it carefully and note the service date. You generally have 30 days to answer the complaint; check the summons for the applicable deadline, particularly if a different rule or order applies. You can use the court-approved answer form to explain your position. Keep a copy of your answer and proof of when you filed it. Our article on what to do if you are served with a lawsuit in South Carolina explains more about responding to a lawsuit.
In addition to answering the claim, you may file a counterclaim if you have grounds to do so. For example, let’s say your neighbor sues you in small claims court and claims that he paid you an agreed-upon $400 to paint his fence but that you didn’t finish the work. However, you did finish the work, and your neighbor agreed to pay you $500. In that situation, you could file a counterclaim against your neighbor for the remaining $100.
What Happens If You Do Not Answer on Time?
If you don’t answer the claim on time, the court may enter a default judgment against you, meaning it may rule for the plaintiff without a contested trial. Depending on the claim and supporting documents, the plaintiff may still have to prove the amount of damages. You can enforce a default judgment just like a judgment entered after a trial.
If a default judgment has already been entered, you may be able to ask the magistrate to set it aside, but you generally must act quickly and show a legally recognized reason for relief. Some grounds must be raised within a reasonable time and no later than one year after entry of judgment; other grounds require a motion within a reasonable time. It is much easier to file a timely answer than to try to undo a default judgment later.
Can You Request a Jury Trial in Small Claims Court?
Yes. In magistrate’s court, you can request that a jury decide your case (a jury trial), or you can have the magistrate decide your case (a bench trial). If you want a jury, submit your request to the court in writing at least five working days before the original trial date. If you have ever been summoned to serve on a jury yourself, our article on how to get out of jury duty in South Carolina explains how jurors are selected and when they can be excused.
How Should You Prepare for Your Small Claims Hearing?
If you are going to present your case in small claims court without a lawyer, then here are five important things to do to present your claim well and to help convince the court to rule in your favor. The following table summarizes them:
| What to Do | Why It Matters |
|---|---|
| Bring four copies of every document and exhibit | One copy for the judge, one for the witness, one for the other party, and one for yourself |
| Request subpoenas well before trial | Witnesses who will not come voluntarily may need a subpoena; ask the court about obtaining documents held by others |
| Do not interrupt | The court will give you the chance to speak, testify, question witnesses, and argue your case |
| Do not argue with the judge | Being persuasive helps your case, but being argumentative can hurt it |
| Watch out for hearsay | You may need the witness in court to testify in person instead of repeating what the witness told you |
- Prepare all of your documents and exhibits. If you plan to show the court any documents or exhibits, such as emails, letters, or photographs, bring four copies of each: one for the judge, one for the witness (if you are asking questions), one for the other party, and one for yourself.
- Subpoena witnesses and documents. If your witnesses are “friendly” to you, they will voluntarily make time to come to court on your behalf. However, you may need some witnesses who will not volunteer to come to court, or documents or other evidence held by other people. In that situation, contact the court well ahead of the trial date to ask about subpoenas for witnesses and how to obtain any needed documents. You will need to give the court the full names of the witnesses, addresses where they can be served, and a description of the documents or other evidence you need. A magistrate’s court subpoena may be served within the county of the court’s jurisdiction. Ask for what you truly need and nothing more.
- Don’t interrupt. Few things irritate the court more than people who interrupt the process. Never interrupt the judge, a testifying witness, or the other party while they are speaking. The court will give you plenty of opportunities to speak, to testify, to ask questions of witnesses, and to argue your case.
- Don’t argue with the judge. A fine line separates being persuasive from being argumentative. When you’ve made your points, stop before the judge becomes frustrated. Always keep your tone and body language respectful. If a hearing does not go the way you expect, our article on how to deal with a difficult judge in South Carolina offers additional guidance.
- Watch out for hearsay. Although the rules of evidence are relaxed in magistrate’s court, the judge may still enforce the hearsay rule. Generally, you cannot repeat an out-of-court statement to prove that what the speaker said was true unless an exception applies; statements by the opposing party may be treated differently. Let’s say that you want to sue a mechanic who charged you to replace an engine part, and a second mechanic later looked at it and told you the part was working fine and didn’t need to be replaced. To prove your case, you may not be able to testify about what the second mechanic told you because that would be hearsay. Instead, you may need to bring the second mechanic to court, voluntarily or by subpoena, to testify in person.
How Do You Collect a Small Claims Judgment?
Winning a judgment does not mean the other party will pay voluntarily. If the defendant does not pay, you may ask the magistrate’s court to issue a writ of execution, which allows an authorized officer to levy on the defendant’s certain nonexempt property. You can also have a transcript of the judgment filed and docketed in circuit court; once properly entered and indexed, the judgment may become a lien on real estate the defendant owns in that county.
South Carolina law generally does not allow wage garnishment to collect ordinary civil judgments, and many types of property are exempt. In South Carolina, an execution on a judgment generally may issue within 10 years after the original entry of judgment. Our article on how to collect a civil judgment in South Carolina explains the collection process in more detail.
Can You Appeal a Small Claims Decision?
Yes. An appeal from a magistrate’s court judgment goes to the circuit court. Generally, you must serve the other party and file a notice of appeal stating your grounds with both the magistrate and the circuit court within 30 days after delivery of written notice of the judgment.
If the judgment is announced at trial in the presence of the parties or their attorneys, that 30-day period runs from the announcement instead. The appeal is generally decided on the record from the magistrate’s court, not by holding a new trial, so you must present all evidence and arguments at the original hearing. If you are considering an appeal, talk to a lawyer promptly so you don’t miss the deadline.
Should You Hire a Lawyer for Small Claims Court?
The answer depends on how much a lawyer would charge you compared to the value of your claim (or the claim against you). In many cases where the claim is worth much less than $7,500, hiring a lawyer may cost more than it is worth. The answer also depends on how complicated your case is, including the number of witnesses and documents or legal complications.
In those situations, it may make sense to have a lawyer at least review your case and advise you before trial. The attorneys at Futeral & Nelson have represented clients in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. If your case is complex or exceeds the small claims limit, our Charleston business lawyers can review your situation. Call us at 843-284-5500 to discuss your situation.
