South Carolina Small Claims Procedure (Magistrates Court): An Overview

From maximum dollar limits to statutes of limitations, learn the basics about small claims court in South Carolina.

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What's the dollar limit for small claims court cases in South Carolina?

The most you can ask for in a small claims case is $7,500.

Which court hears small claims cases in South Carolina?

Small claims cases in South Carolina are heard in the Magistrates Court.

What is the statute of limitations for filing a claim in small claims court in South Carolina?

For information on South Carolina's statute of limitation periods for claims related to written contracts, oral contracts, injuries, and property damage, see Nolo's 50-state Statutes of Limitations chart.

How long does the defendant have to answer the small claims court complaint?

In South Carolina, the defendant may file a written answer or an oral answer any time within 30 days after service.

Are attorneys allowed in small claims court in South Carolina?

You are allowed to have an attorney represent you in small claims court in South Carolina.

Can a landlord bring an eviction lawsuit in small claims court in South Carolina?

Eviction cases are allowed in small claims court in South Carolina.

Do I have a right to a jury trial in small claims court in South Carolina?

In South Carolina, either party may request a jury trial in writing at least five days before the trial date.

Where can I get more information about small claims court in South Carolina?

For more information about South Carolina small claims court, see http://www.judicial.state.sc.us/selfhelp/FAQMagistrate.pdf.

Nolo's Small Claims Court area has many helpful related articles. For more detailed help with filing a case, using the best strategy in court, and collecting your money if you win, see Everybody's Guide to Small Claims Court, by Attorney Ralph Warner (Nolo).

Updated: October 1, 2015



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