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How to File in Small Claims Court in South Carolina

Everything you need to know about filing a small claims case in South Carolina. No lawyer needed.

Filing Fee
$40
Max Claim
$7,500
Court
Magistrate Court
Statute
SC Code ยง22-3-10

Step-by-Step Filing Instructions

1

File at Magistrate Court in defendant's county

2

Pay filing fee

3

Serve defendant

Required Forms

  • ๐Ÿ“„Complaint and Summons

How to Serve the Defendant

Served by sheriff, certified mail, or any person 18+.

Tips for Winning in South Carolina

โœ“Bring ALL documentation โ€” contracts, invoices, texts, emails, photos
โœ“Arrive early and dress professionally
โœ“Be concise โ€” judges hear dozens of cases per day
โœ“Stick to facts, not emotions
โœ“Bring copies of everything (one for you, one for the judge, one for the defendant)
โœ“Know the limit โ€” South Carolina caps small claims at $7,500
โœ“Send a demand letter first โ€” 40% of cases settle without going to court

Frequently Asked Questions

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

No. Small claims court is specifically designed for people to represent themselves. In some states, lawyers are not even allowed.

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.

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