← All State Guides

How to File in Small Claims Court in South Carolina

A practical filing guide for small claims cases in South Carolina. Designed for self-represented claimants. Not a law firm and not legal advice.

Verified
Source checked: 2026-04-30

South Carolina Magistrate Court civil jurisdiction covers qualifying claims of $7,500 or less. File a summons and complaint with a correct service address, and verify local filing/service fees with the county magistrate.

Official source
Filing Fee
Varies by county; often about $80
Max Claim
$7,500
Court
Magistrate Court
Statute
SC Code Sec. 22-3-10; South Carolina Magistrate Court Rules 5-6

Step-by-Step Filing Instructions

1

File a summons and complaint in Magistrate Court with civil jurisdiction

2

Keep the contract, damages, penalty, attachment, or bond claim at $7,500 or less

3

Use the defendant's correct legal name and a serviceable street address

4

Pay the magistrate court filing and service fees, which may vary by county

5

If service cannot be obtained within 120 days, the magistrate may dismiss without prejudice

Required Forms

  • -Summons
  • -Complaint
  • -Affidavit and Itemization of Accounts, if applicable

How to Serve the Defendant

Service is made by sheriff, deputy, magistrate's constable, other law enforcement officer, or a court-designated adult who is not a party or attorney in the action. Commercial delivery may be available for some defendants under Rule 6.

Tips for Winning in South Carolina

-Bring ALL documentation - contracts, invoices, texts, emails, photos
-Arrive early and dress professionally
-Be concise - judges hear dozens of cases per day
-Stick to facts, not emotions
-Bring copies of everything (one for you, one for the judge, one for the defendant)
-Know the limit - current display: $7,500. Verify with the court source before filing.
-Send a demand letter first to document the claim before escalating

Frequently Asked Questions

Do I need a lawyer for small claims court in South Carolina?

CollectNow is designed for self-represented claimants. It is not a law firm and does not provide legal advice.

How long does the process take?

From filing to hearing, typically 30-60 days in South Carolina. Many cases settle before the hearing after receiving the demand letter.

What if I win but they still don't pay?

You can use enforcement tools like wage garnishment, bank levies, and property liens to collect. CollectNow provides all these documents.

Can I sue someone in South Carolina if they live in another state?

Generally, you must file in the state where the defendant lives or where the transaction/incident occurred.

Skip the Hassle

We generate your demand letter and pre-fill all South Carolina court forms automatically.

Start Your South Carolina Case - $49