How to file a small claims case in South Carolina, step by step
Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
Before you file
1–3 weeks before filing
South Carolina doesn't require a demand before filing, but asking for payment in writing first is a good idea.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In South Carolina you can sue for up to $7,500 in the Magistrate Court (Summary Court).
Run the 60-second case check to see the last day you can file.
- Your full name, address and phone
- The defendant's exact legal name and a street address in the county
- For a business: its registered name and registered agent
- The amount you're asking for and an itemized list
- A short plain description of what happened
- Copies of statements, invoices or notes for a debt
Use the company's exact legal name and its registered agent's address.
Search: South Carolina Secretary of State business entity search.
- The contract, lease, invoice or receipt
- Photos of the damage, dated if possible
- Texts, emails and letters with the other side
- Two written repair estimates or proof of what you paid
- Your demand letter and proof it was sent
- Names and contact details of any witnesses
Fill in the claim
1–2 evenings
SCCA 701: Summons and Complaint (Magistrate Court). Get the form.
- Who: you and the defendant, with full legal names and addresses
- What: the agreement or event, in 2–4 plain sentences
- When: the date it happened
- How much: the exact amount (no more than $7,500) and how you calculated it
- What you did: when you asked for payment and their response
Sign the complaint. The Affidavit and Itemization must be notarized; the magistrate's office can often do this.
Send or bring the original forms for the court plus one copy for each defendant.
File and pay
Filing day
Choose how you'll file:
File with the magistrate court in the county where the defendant lives. Use a street address, not a P.O. box or route number.
$80 to file a Summons and Complaint, which includes service by the court; extra defendants may cost more. Starting January 1, 2027, the total rises to about $125 under Act 155 of 2026. Can't afford it? Ask for a fee waiver: Ask the magistrate's office whether you can file without paying the fee..
The court issues the summons and serves it with your complaint on the defendant.
Serve the defendant
Right after filing
The magistrate's office serves the summons and complaint for you; the service fee is part of the filing fee.
After being served, the defendant has 30 days to file a written answer.
Officer's return of service
The officer who serves the papers files the return with the court; you don't file a form yourself.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
Before the hearing
1–4 weeks before
The defendant must file a written answer within 30 days of being served and can include a counterclaim.
If you settle, tell the magistrate's office in writing so the case can be dismissed.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the magistrate's office for a subpoena for each witness (about $8 each in some counties).
- Three copies of every document: for you, the judge and the defendant
- A one-page timeline of what happened, with dates
- A short sheet showing how you calculated the amount
- Photos printed or ready on your phone (ask the clerk if screens are allowed)
The hearing
Hearing day
- Ask for a jury in writing at least 5 working days before trial, if you want one
- Bring your witnesses; they must testify in person
- Bring your evidence and copies for the judge and the other side
- The court doesn't provide a court reporter; arrange one if you want a transcript
- Arrive early and dress neatly
- Who you are and what you're asking for: the amount.
- What the agreement or situation was.
- What went wrong, with dates.
- What it cost you and how you calculated it, showing your documents.
- That you asked for payment and what they said.
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't answer in 30 days, you can ask for a default judgment. A military status (SCRA) form is needed first. If you miss the trial, your case can be dismissed.
After the judgment
Weeks to months
Either side can appeal within 30 days of notice of the judgment to the Court of Common Pleas. The appeal isn't a new trial; the higher court reviews what happened in magistrate court. A motion for a new trial is due within 5 days.
Record the judgment with the Clerk of Court (about $35) to make it a lien for 10 years, then ask for an execution against property. South Carolina generally doesn't allow wage garnishment for ordinary debts.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.