South Carolina Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in South Carolina: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for South Carolina
- Small claims limit
- $7,500 for civil claims, including contract debts, personal injury and property damage, recovery of personal property and damages for unreturned rental property. Magistrates also hear landlord-tenant and possession matters. Cases where the State is a party or title to real estate is in question are excluded. S.C. Code 22-3-10, 22-3-20
- Filing fee
- $45 statewide for issuing the summons and giving judgment in a civil action; rises to $65 on January 1, 2027. A person unable to pay may file a motion to proceed in forma pauperis with an affidavit. S.C. Code 8-21-1010(A)(6) (2026 Act No. 155)
- Are lawyers allowed?
- Yes. Parties may appear with or without an attorney; when a party has no lawyer, the magistrate must question the parties and witnesses so all claims and defenses are presented, and court staff will explain procedures and help with forms when needed. SCRMC Rule 13(a)-(b)
- Appeals
- Either party may appeal to the circuit court in the county where the judgment was issued within 30 days after written notice of the judgment (or after the judgment is announced at trial in the parties' presence), by filing and serving a notice of appeal stating the grounds and paying the circuit court filing fee or seeking in forma pauperis status. The appeal is decided by a circuit judge on the magistrate's record and return, not as a new jury trial. A motion for new trial may instead be filed within five days. SCRMC Rule 18
Court: Magistrates Court (summary court, civil cases). Last verified: 2026-10-24.
How to file a small claims case in South Carolina
- Make sure your claim is $7,500 or less and choose the magistrates court in the county where the defendant lives or where most of the events happened.
- Write a short complaint explaining what you claim and why (court staff can help), attach supporting documents, and include your mailing address.
- Pay the $45 filing fee ($65 from January 1, 2027) or ask to proceed in forma pauperis.
- Serve the summons and complaint by sheriff, private process server or certified restricted-delivery mail, and file proof of service.
- The defendant has 30 days to answer or a default judgment may be entered; any counterclaim is filed with the answer.
- Request a jury in writing at least five working days before trial if you want one, and bring documents and witnesses to trial.
- Appeal to circuit court within 30 days if you disagree; if you win and are not paid, obtain an Execution of Judgment for the sheriff.
Can you use small claims court?
| Small claims limit | $7,500 for civil claims, including contract debts, personal injury and property damage, recovery of personal property and damages for unreturned rental property. Magistrates also hear landlord-tenant and possession matters. Cases where the State is a party or title to real estate is in question are excluded. Source: S.C. Code 22-3-10, 22-3-20 |
|---|---|
| Who can file | Any person, organization or business that claims injury or damage of $7,500 or less may file a complaint, and may name individuals, organizations or businesses as defendants. |
| Are lawyers allowed? | Yes. Parties may appear with or without an attorney; when a party has no lawyer, the magistrate must question the parties and witnesses so all claims and defenses are presented, and court staff will explain procedures and help with forms when needed. Source: SCRMC Rule 13(a)-(b) |
Filing your case
| Where to file | Any magistrate court in a county where at least one defendant lives or where most of the events giving rise to the claim occurred; a South Carolina corporation may also be sued in the county of its principal place of business. Against a nonresident sued under the long-arm statute, in the county where the plaintiff lives or where the claim arose. Source: SCRMC Rule 4 |
|---|---|
| Official forms | South Carolina small claims are civil cases in Magistrates Court, which hears claims of $7,500 or less. The Judicial Branch's statewide magistrate forms to start a case are the Complaint (SCCA701) and Summons (SCCA700), with Instructions to Plaintiff (SCCA706) and a Motion and Affidavit to Proceed in Forma Pauperis (SCCA741). Defendants use the Answer (SCCA703), Instructions to Defendant (SCCA702) and Counterclaim (SCCA705). Jurisdiction limit: https://www.sccourts.org/courts/trial-courts/magistrate-court/ |
| Filing fee | $45 statewide for issuing the summons and giving judgment in a civil action; rises to $65 on January 1, 2027. A person unable to pay may file a motion to proceed in forma pauperis with an affidavit. Service, execution and other fees are separate and several also increase on January 1, 2027. |
| Serving the defendant | After the court issues a summons, the plaintiff has the summons and complaint served by the sheriff's department, a private process server, or certified mail with restricted delivery and return receipt (with a notarized affidavit filed with the court). If those fail, the court may allow service by publication. After that, the court delivers later papers to the parties. |
Before and at the hearing
| When the hearing happens | No fixed period; the magistrates court notifies the parties of the trial date and location after the answer period. |
|---|---|
| Does the defendant file an answer? | Yes. To defend, the defendant must answer within 30 days after service, either in writing (approved Answer form) or in person at the court, where staff can help write it down. If the defendant does not respond within 30 days, a default judgment is entered. |
| Counterclaims | A defendant may file a related counterclaim in writing or orally. Counterclaims up to $7,500 stay in magistrates court (the cap does not apply to landlord-tenant matters). If a counterclaim pushes the case above the magistrate's limit, both the claim and counterclaim are transferred to the court of common pleas. The plaintiff may reply within 30 days but is not required to. |
| Jury trial | Yes. Either party may request a jury trial in writing at least five working days before the original trial date. Source: SCRMC Rule 13(c) |
After the decision
| Appeals | Either party may appeal to the circuit court in the county where the judgment was issued within 30 days after written notice of the judgment (or after the judgment is announced at trial in the parties' presence), by filing and serving a notice of appeal stating the grounds and paying the circuit court filing fee or seeking in forma pauperis status. The appeal is decided by a circuit judge on the magistrate's record and return, not as a new jury trial. A motion for new trial may instead be filed within five days. Appeal on the record and new-trial deadline: https://www.sccourts.org/media/pb2kvc1v/faqmagistrate.pdf Source: SCRMC Rule 18 |
|---|---|
| Collecting your judgment | The magistrate may order payment in full or in installments. If the judgment is not paid, the winner prepares an Execution of Judgment, has it signed by the clerk, and delivers it to the sheriff for collection; the judgment may also be filed with the Circuit Court Clerk. Execution fees apply and vary by county. |
Deadline to sue
3 years for an action on a contract, obligation, or liability, express or implied — the same 3-year period applies to written and oral leases. S.C. Code § 15-3-530(1)
Official forms and help
Suing a landlord or tenant in South Carolina
South Carolina magistrates hear security deposit, unpaid rent and damage claims up to $7,500, and also handle landlord-tenant possession cases. The $7,500 counterclaim limit does not apply to landlord-tenant matters, so a tenant's counterclaim in a landlord-tenant case can stay with the magistrate.
- South Carolina security deposit demand letter (send before you sue)
- South Carolina security deposit law
- Tenant lawyers and free legal aid in South Carolina
South Carolina small claims FAQ
What is the small claims limit in South Carolina?
$7,500 for civil claims, including contract debts, personal injury and property damage, recovery of personal property and damages for unreturned rental property. Magistrates also hear landlord-tenant and possession matters. Cases where the State is a party or title to real estate is in question are excluded.
Who can file a small claims case in South Carolina?
Any person, organization or business that claims injury or damage of $7,500 or less may file a complaint, and may name individuals, organizations or businesses as defendants.
Can you bring a lawyer to small claims court in South Carolina?
Yes. Parties may appear with or without an attorney; when a party has no lawyer, the magistrate must question the parties and witnesses so all claims and defenses are presented, and court staff will explain procedures and help with forms when needed.
Where do I file a small claims case in South Carolina?
Any magistrate court in a county where at least one defendant lives or where most of the events giving rise to the claim occurred; a South Carolina corporation may also be sued in the county of its principal place of business. Against a nonresident sued under the long-arm statute, in the county where the plaintiff lives or where the claim arose.
How much does it cost to file in small claims court in South Carolina?
$45 statewide for issuing the summons and giving judgment in a civil action; rises to $65 on January 1, 2027. A person unable to pay may file a motion to proceed in forma pauperis with an affidavit.
How do I serve the other side in a South Carolina small claims case?
After the court issues a summons, the plaintiff has the summons and complaint served by the sheriff's department, a private process server, or certified mail with restricted delivery and return receipt (with a notarized affidavit filed with the court). If those fail, the court may allow service by publication. After that, the court delivers later papers to the parties.
How long does a small claims case take in South Carolina?
No fixed period; the magistrates court notifies the parties of the trial date and location after the answer period.
Does a defendant have to file an answer in South Carolina small claims court?
Yes. To defend, the defendant must answer within 30 days after service, either in writing (approved Answer form) or in person at the court, where staff can help write it down. If the defendant does not respond within 30 days, a default judgment is entered.
Can the defendant file a counterclaim in South Carolina small claims court?
A defendant may file a related counterclaim in writing or orally. Counterclaims up to $7,500 stay in magistrates court (the cap does not apply to landlord-tenant matters). If a counterclaim pushes the case above the magistrate's limit, both the claim and counterclaim are transferred to the court of common pleas. The plaintiff may reply within 30 days but is not required to.
Is there a jury in South Carolina small claims court?
Yes. Either party may request a jury trial in writing at least five working days before the original trial date.
Can you appeal a small claims decision in South Carolina?
Either party may appeal to the circuit court in the county where the judgment was issued within 30 days after written notice of the judgment (or after the judgment is announced at trial in the parties' presence), by filing and serving a notice of appeal stating the grounds and paying the circuit court filing fee or seeking in forma pauperis status. The appeal is decided by a circuit judge on the magistrate's record and return, not as a new jury trial. A motion for new trial may instead be filed within five days.
How do I collect a small claims judgment in South Carolina?
The magistrate may order payment in full or in installments. If the judgment is not paid, the winner prepares an Execution of Judgment, has it signed by the clerk, and delivers it to the sheriff for collection; the judgment may also be filed with the Circuit Court Clerk. Execution fees apply and vary by county.
Where can I get small claims court forms in South Carolina?
South Carolina small claims are civil cases in Magistrates Court, which hears claims of $7,500 or less. The Judicial Branch's statewide magistrate forms to start a case are the Complaint (SCCA701) and Summons (SCCA700), with Instructions to Plaintiff (SCCA706) and a Motion and Affidavit to Proceed in Forma Pauperis (SCCA741). Defendants use the Answer (SCCA703), Instructions to Defendant (SCCA702) and Counterclaim (SCCA705).
Small claims limits in all 50 states and DC · Small claims court in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.