South Carolina Small Claims Court: How to File and Win (2026)
To file small claims in South Carolina, take a Summons and Complaint to the Magistrate Court in the county where the other person lives. The filing fee is $80, and that covers serving one defendant. The limit is $7,500. You don't need a lawyer. Most cases get a hearing within a few months.
But here's what most guides get wrong. South Carolina is one of the hardest states in the country to collect money after you win. Wages are off limits. And your judgment dies after ten years with no way to renew it. So your best move is getting paid before court. We'll show you how the whole process works, including the parts the courthouse won't explain.
South Carolina small claims court at a glance
Small claims in South Carolina go through magistrate court. Every county has one. Here are the numbers that matter:
| Question | Answer |
|---|---|
| Maximum claim | $7,500 (S.C. Code § 22-3-10) |
| Filing fee | $80 total, service on one defendant included |
| Defendant's deadline to answer | 30 days after service (Magistrates Rule 7) |
| Time limit to sue | 3 years for most claims (§ 15-3-530) |
| Appeal deadline | 30 days to circuit court (§ 18-7-20) |
| Interest on 2026 judgments | 10.75%, compounded annually (§ 34-31-20(B)) |
The limit went from $5,000 to $7,500 back in 2010. Bills in the current legislature would raise it again, maybe as high as $25,000. None have passed as of October 2026. More on that below.
What cases can you file in SC magistrate court?
You can bring most money disputes worth $7,500 or less. That includes:
- Unpaid debts and personal loans
- Security deposit fights
- Contractor work that was bad or never finished
- Car repair disputes
- Property damage
- Broken contracts
- Fraud in the sale of personal property (§ 22-3-10(9))
- Landlord and tenant disputes, including evictions
Here's one almost nobody mentions. South Carolina magistrate court also handles claim and delivery cases (§ 22-3-10(11)). That means you can sue to get your actual property back, not just money. If someone is holding your tools, your furniture, or your dog after a breakup, claim and delivery is the move. The property just has to be worth $7,500 or less.
You can't use magistrate court for divorce, custody, or name changes. The court also can't hear cases where the title to real estate is in question (§ 22-3-20). And you can't sue the State here except for small penalties.
What if your claim is worth more than $7,500? You have two options. File in the Court of Common Pleas, which costs more and moves slower. Or trim your claim to $7,500 and stay in magistrate court. You give up the extra money, but you save months and thousands in legal fees.
How much does it cost? Less than you've read
Most guides, including an older version of this one, say filing costs $80 plus $40 for the sheriff. That's wrong. The official statewide fee schedule says the $80 covers everything for one defendant:
| Fee | Amount |
|---|---|
| Filing fee (§ 8-21-1010(6)) | $45 |
| Service fee | $10 |
| Court assessment (§ 22-3-340) | $25 |
| Total to file and serve | $80 |
Each additional defendant adds $10. Fees are uniform across all 46 counties, so the clerk in Charleston charges the same as the clerk in Greenville.
A few other costs worth knowing. Issuing an execution to collect costs $20. The transcript that moves your judgment to circuit court costs $10. And a jury panel costs $5, paid by whoever loses. More on that jury trick in a minute.
Can't afford the $80? Ask the clerk for the In Forma Pauperis motion. If the magistrate finds you can't pay, the court can waive the fee.
Compare all of that to hiring a lawyer for a regular lawsuit, which runs $3,000 to $10,000. For a claim under $7,500, magistrate court wins almost every time. Here's the full breakdown of what it costs to sue someone in every court.
How to file: step by step
Step 1: Check your deadline and your math
Most South Carolina claims have a three year time limit. Check the deadlines section below before you do anything else. Then add up what you're owed. Under $7,500? You're in the right court.
Step 2: Send a demand letter first
About 70% of disputes settle after a formal demand letter and steady follow-up. No filing fee, no courtroom, no waiting. In South Carolina this step matters more than anywhere else, because collecting after a win is so hard here. Getting paid before court isn't just cheaper. It might be your only realistic path to the money. Here's how to write a demand letter and the data on whether demand letters work.
Step 3: Pick the right county
Magistrates Rule 4 gives you three choices. File where the person lives. File where a company has its main office. Or file where the most substantial part of the dispute happened. Pick wrong and your case gets tossed, so when in doubt, use the defendant's home county.
Step 4: File your Summons and Complaint
The complaint is a short statement of what happened and what you're owed. You can write it or state it in person at the clerk's office. Court staff will help. Be exact: "Owes $3,200 for a kitchen remodel started March 2026, never finished" beats "didn't do the work."
Attach copies of anything that backs you up. Contracts, receipts, photos, texts, bank statements. Include a good mailing address for yourself, and update it in writing if you move. Pay the $80 and you're filed. One thing you can't do is file online. South Carolina's e-filing system is for attorneys in circuit court. Small claims filings are paper, in person or by mail to the right magistrate office.
Step 5: Serve the defendant
The court issues the Summons, and a copy must reach every person you're suing. The $10 service fee built into your filing covers the standard route. If that fails, Magistrates Rule 6 gives you backups:
- Sheriff's department in the county where the defendant lives or works. You get a notarized affidavit either way.
- Private process server. You pay their fee, and they sign an affidavit of service.
- Certified mail with restricted delivery and a return receipt. File the signed receipt with a notarized affidavit.
- Publication in a newspaper, but only after the first three methods fail and a judge signs off.
Odd but true: Sunday service is legal in South Carolina, as long as the person isn't going to, attending, or leaving a religious service. Here's more on how to serve someone court papers the right way.
Step 6: Wait out the 30 days
The defendant has 30 days from service to answer, in writing or in person. If they ignore it, the court enters a default judgment and you win (Magistrates Rule 11). One sharp detail: if the court lets a defaulting defendant pay in installments and they miss one payment, the entire judgment comes due at once.
The defendant can also file a counterclaim against you. If their counterclaim is worth more than $7,500, the whole case, yours included, transfers to the Court of Common Pleas (§ 22-3-30). You don't have to reply to a counterclaim. Silence counts as denying it. But you do have to show up and fight it at trial. If you're on the receiving end of a suit, here's what to do if someone sues you.
Step 7: Go to trial
The court contacts both sides with a date. You usually get one reschedule, and only with a solid reason. Bring originals of every document. Bring your witnesses in person, because sworn written statements from absent witnesses generally aren't allowed in magistrate court. Plan what you'll say and keep it short. If neither side has a lawyer, the judge asks the questions.
If you don't show up, you lose. If neither side shows up, the whole case is dismissed. Here's how to prepare for small claims court so none of that happens to you.
Step 8: Collect
Winning gets you a judgment, not a check. Collection in South Carolina has its own rules, and they're rough. That's the next section.
Want a jury? It costs five dollars
Here's a feature almost no other state offers at this price. Either side can demand a jury trial in South Carolina magistrate court. Send a written request to the court at least five working days before trial (Magistrates Rule 13). The fee to summon the panel is $5, and it lands on the losing party.
Why would you want one? If your story is sympathetic and the other side's isn't, six neighbors might see it your way. Defendants use it too, sometimes just to slow things down. Either way, know the rule exists so a surprise jury demand doesn't rattle you.
Statute of limitations: three years, but read the fine print
| Claim type | Deadline | Statute |
|---|---|---|
| Contracts, written or oral | 3 years | § 15-3-530(1) |
| Property damage | 3 years | § 15-3-530(3) |
| Personal injury | 3 years | § 15-3-530(5) |
| Fraud | 3 years from discovery | § 15-3-530(7) |
| Sealed instruments, notes secured by a mortgage | 20 years | § 15-3-520 |
Three years is one of the shortest windows in the country. Most states give you four to six years on contracts. South Carolina gives you three, and it goes fast.
Now the fine print, because older guides (ours included) got this wrong. South Carolina has a discovery rule. For injury claims, the clock starts when you knew, or reasonably should have known, that you had a claim (§ 15-3-535). Fraud claims work the same way under § 15-3-530(7). So if a contractor hid shoddy work behind drywall, your three years may start when you found it, not when they did it.
Two more clock quirks worth knowing. If the defendant leaves South Carolina for a year or more, the clock pauses while they're gone (§ 15-3-30). And a part payment on a debt restarts the clock entirely (§ 15-3-120). A debtor who throws you $50 to go away just gave you three fresh years.
Collecting your judgment: the part nobody warns you about
This is the section that should change how you handle your whole dispute. South Carolina is arguably the worst state in the country to be a judgment creditor. Three reasons.
You can't garnish wages. At all. Section 15-39-410 says a debtor's earnings for personal services can't be applied to a civil judgment. Not 25% like most states. Not 10%. Zero. Wage garnishment in South Carolina exists only for things like taxes and child support. If your debtor's only asset is a paycheck, a judgment won't reach it.
Your judgment dies in ten years. Permanently. Executions can issue for ten years from entry (§ 15-39-20 and § 15-39-30), and South Carolina courts don't allow renewals or revivals. Compare that to states where judgments renew for decades. Here, year eleven means the debt is gone.
A magistrate judgment has an even shorter fuse. Execution from the magistrate court itself must issue within three years (§ 22-3-310). To get the full ten years plus a lien on the debtor's real estate, ask the magistrate for a transcript of judgment ($10) and file it with the circuit court clerk (§ 22-3-300). Once docketed, it works like a circuit court judgment. Do this early. It's the single best collection move in the state.
So what actually works?
| Tool | How it works |
|---|---|
| Execution against property | $20 gets the constable or sheriff moving on the debtor's non-exempt property, like bank accounts and vehicles |
| Real estate lien | File the $10 transcript with circuit court. The judgment attaches to the debtor's real estate, so they can't sell or refinance cleanly without paying you |
| Debtor's exam | If execution comes back unsatisfied, a circuit judge can order the debtor to appear and answer questions about their assets under oath (§ 15-39-310) |
| Interest | 2026 judgments earn 10.75% compounded annually. The meter runs while they stall |
About that interest rate. Section 34-31-20(B) sets it at the Wall Street Journal prime rate each January plus four points. The South Carolina Supreme Court's order fixed it at 10.75% for judgments entered January 15, 2026 through January 14, 2027. And unlike most states, it compounds annually. A $5,000 judgment earns about $537 the first year, and year two earns interest on the interest. Keep in mind the debtor can protect some property, like a chunk of home equity, one vehicle, and household goods, under the state exemption law (§ 15-41-30).
The takeaway: a South Carolina judgment against someone with a house or a bank account is collectible. A judgment against someone with nothing but a paycheck mostly isn't. Learn who you're dealing with before you spend the $80, and push hard to settle first. Here's the full playbook on collecting a small claims judgment.
Security deposit disputes: triple damages are real
Deposit fights are a magistrate court staple, and South Carolina tenants have real teeth here.
Your landlord has 30 days after the tenancy ends (and you've demanded the money and moved out) to return your deposit or send an itemized list of what they kept and why (§ 27-40-410). If they blow the deadline or skip the itemized notice, you can sue for three times the amount wrongfully withheld, plus attorney's fees. Keep $1,500 of your money with no explanation? You could walk out with $4,500.
One trap: give your landlord a forwarding address in writing when you leave. If you don't, and the landlord mails the notice to your last known address, you lose the right to those damages. One sentence in a text or email can protect a four-figure claim. Also worth knowing: South Carolina has no cap on deposit size, so get the condition of the place documented on day one. Full guide here: how to get your security deposit back.
Suing a business in South Carolina
Find the registered agent. Every South Carolina business has one on file to accept legal papers. Search the Secretary of State's business search for free.
Sue the exact legal name. "Mike's Plumbing" might really be "Michael Johnson Enterprises LLC." The wrong name can sink your case. Check the state records first, and read up on how to sue a corporation before you file.
Businesses don't need lawyers here. A South Carolina Supreme Court order lets a non-lawyer officer, agent, or employee represent a business in civil magistrate court, with written authorization from the owner or CEO. That cuts both ways. Your LLC can sue a deadbeat client without paying a lawyer, and the company you're suing may send a manager instead of an attorney.
Venue for companies: file where the business has its main office, or where the most substantial part of the dispute happened.
If you lose: two options, two deadlines
Option one: ask for a new trial. You have just five days from notice of the judgment to file a written motion for a new trial with the magistrate (Magistrates Rule 18). Most people never hear about this and miss it.
Option two: appeal to circuit court. You have 30 days (§ 18-7-20). If the judge announced the decision with you standing there, the clock started that day. The appeal is decided on the record from your magistrate trial. No new witnesses, no new evidence, no jury (§ 18-7-130). Your first hearing is the one that counts, so bring everything the first time.
If you won and the other side appeals, here's the good news. The appeal only blocks collection if they post a bond covering the judgment and costs (§ 18-7-10). No bond means you can keep collecting while the appeal crawls along.
Is the $7,500 limit going up?
Maybe, and sooner than people think. The Magistrates' Reform Act (H. 3530) would raise the civil limit to $25,000, and it cleared a House committee in February 2026. Even if it passes, the jurisdiction change wouldn't take effect until July 2028. A separate Senate bill (S. 251) would raise the limit to $15,000. As of October 2026, none of these have become law, so $7,500 still rules. If your claim is between $7,500 and $25,000 and you can afford to wait, keep an eye on the legislature. Compare every state's cap on our small claims limits by state page.
Mistakes that cost people their cases
- Suing a broke defendant. In most states this wastes time. In South Carolina, with no wage garnishment, it wastes everything. Size up their assets first.
- Missing the three year deadline. Shortest contract window in the region. One day late and you're done.
- Wrong business name. Check businessfilings.sc.gov before you file, not after the judge asks.
- Skipping the written forwarding address. Tenants lose triple damage claims over this one sentence.
- Letting a magistrate judgment sit. Spend the $10, transcript it to circuit court, and get your lien and your full ten years.
- Ignoring the five day new trial window. If the verdict stings, you have five days for a do-over motion and thirty for an appeal. Calendar both immediately.
Frequently asked questions
What is the small claims court limit in South Carolina?
$7,500, set by S.C. Code § 22-3-10. If you're owed more, you can waive the excess and stay in magistrate court, or file in the Court of Common Pleas. Pending bills would raise the limit to $15,000 or $25,000, but none have passed as of October 2026.
How much does it cost to file small claims in South Carolina?
$80 total, and that includes service of process on one defendant. The breakdown is a $45 filing fee, a $10 service fee, and a $25 court assessment. Each extra defendant adds $10. If you can't afford it, ask the court for an In Forma Pauperis fee waiver.
Can wages be garnished for a small claims judgment in South Carolina?
No. Under § 15-39-410, a debtor's earnings for personal services can't be taken to pay a civil judgment. Wage garnishment in South Carolina is reserved for things like taxes and child support. Collection runs through bank accounts, vehicles, and real estate liens instead.
How long do I have to file a small claims case in South Carolina?
Three years for most claims, including contracts, property damage, and personal injury (§ 15-3-530). Injury claims start when you knew or should have known about the harm (§ 15-3-535), and fraud claims start at discovery. Sealed instruments and notes secured by a mortgage get 20 years.
Is the $7,500 limit going up?
Bills are moving. H. 3530 would raise the limit to $25,000 starting in July 2028 and cleared a House committee in February 2026. S. 251 would set it at $15,000. Neither is law yet, so the limit remains $7,500 for now.
Can I get a jury trial in magistrate court?
Yes. Either party can demand a six person jury with a written request filed at least five working days before trial. The jury fee is $5, charged to the losing party. It's one of the cheapest jury trials in America.
Can a business represent itself in SC magistrate court?
Yes. A South Carolina Supreme Court order allows a non-lawyer officer, agent, or employee to represent a business in civil magistrate court with written authorization from the owner, president, or CEO. No attorney required on either side.
How long does a South Carolina judgment last?
Ten years, and it cannot be renewed (§ 15-39-30). A magistrate court execution must issue within three years (§ 22-3-310), so file the $10 transcript with the circuit court early. That gives you the full ten years plus a lien on the debtor's real estate.
Can I file small claims online in South Carolina?
No. South Carolina's e-filing system is for attorneys filing in circuit court. Small claims cases are filed on paper with the magistrate court clerk, in person or by mail. Court staff will help you with the forms.
The bottom line
South Carolina magistrate court is cheap, fast, and built for regular people. Eighty dollars covers filing and service. The judge will even ask the questions if neither side has a lawyer.
But the collection rules change the strategy. No wage garnishment. A ten year judgment that can't be renewed. That makes settling before court worth more here than almost anywhere else. Send a strong demand, follow up like you mean it, and make taking your money feel more expensive than paying you back.
PettyLawsuit helps you do exactly that. We send your demand letter instantly by certified mail, then keep the pressure on with phone calls, follow-up emails, and a Final Notice. Over 5,000 cases and counting, and about 70% resolve without a courtroom. Don't let it slide. Start your case today.