South Carolina Small Claims Court: $7,500 Limit, Fees, How to File

In South Carolina, you can sue for up to $7,500 in what most people call small claims court. The state has no separate small claims court: civil cases up to $7,500 are heard in the magistrates court in each county, under S.C. Code 22-3-10 and the South Carolina Rules of Magistrates Court.

The $7,500 ceiling is the same for individuals and businesses. Several bills in the 2025-2026 legislative session would raise it, but none has become law. This guide walks through a magistrates court civil case in the order you will live it, from filing to collecting. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil cases in South Carolina magistrates courts under S.C. Code Title 22, Chapter 3, and the South Carolina Rules of Magistrates Court. It does not cover landlord-tenant eviction procedure, circuit court (Court of Common Pleas) cases except appeals from a magistrate, criminal matters, or small claims in other states.

South Carolina small claims limit: $7,500

S.C. Code 22-3-10 gives magistrates civil jurisdiction in a list of case types, each capped at the same amount. For contract claims, the statute covers "actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred dollars." The same $7,500 ceiling applies to claims for injury to a person or property, penalties, bonds, attachment, fraud in the sale of personal property, and recovery of personal property.

Court costs the winner recovers do not count toward the $7,500 (Rule 17(a), SCRMC). Under Rule 5(a), a plaintiff may combine all of the claims the plaintiff has against one defendant in a single case.

The rules we reviewed do not say that a plaintiff can split a larger claim into several magistrates court cases, and they do not set out a plaintiff's option to waive the amount over $7,500. If your loss is larger than $7,500, ask the clerk or a lawyer before filing, because the only waiver rule in the Rules applies to counterclaims (see below).

Make sure you file within the deadline for your type of claim; see the South Carolina statute of limitations guide.

Cases a magistrate cannot hear

Under S.C. Code 22-3-20, a magistrate has no authority over civil actions where the State is a party (apart from a narrow penalty exception) or where "the title to real property shall come in question," except earnest-money interpleader actions under Article 11 of the chapter.

Bills to raise the limit (not law)

As of October 7, 2026, the limit is still $7,500. These bills would raise it, and none has been enacted:

If you see a website saying South Carolina's limit is $15,000 or $25,000, it is describing a proposal, not the law.

Filing fees

South Carolina uses a statewide magistrates court civil fee schedule (Attachment K). For a summons and complaint, it lists a total of $80: a $45 filing fee, a $10 service fee and a $25 assessment under S.C. Code 22-3-340. The fee is the same for every claim up to $7,500.

Fees change on January 1, 2027. Act No. 155 of 2026 (H.4813), signed by the Governor on May 15, 2026, states: "This act takes effect on January 1, 2027." It raises the summons and complaint filing fee from $45 to $65, the 22-3-340 assessment on a summons and complaint from $25 to $40, the charge when a magistrate serves a summons to $20, and the execution fee from $10 to $20. We did not find an updated official fee schedule showing the new total, so check with the magistrates court before you file in 2027.

Fee waiver. If you cannot afford the fees, Rule 5(c) lets you file a Motion for Leave to Proceed In Forma Pauperis with your proposed complaint and an affidavit of inability to pay. If it is granted, "the plaintiff may proceed without further application and file the complaint in the court without payment of filing fees." The court's FAQ notes that other court costs may still apply.

Lawyers and business representation

You may hire a lawyer, but you do not need one. When a party has no lawyer, the judge questions the parties and witnesses (Rule 13), and court staff can help you prepare your papers.

A business does not need a lawyer either. Under Rule 21, "A business, as defined by S.C. Code Ann. 33-1-103, may be represented in a civil magistrates court proceeding by a non-lawyer officer, agent, or employee," including one who is paid for it, as long as the representative has written authorization from the president, chairperson, general partner, owner or chief executive.

Before you file: settlement and pretrial conferences

Nothing in the sources we reviewed requires a demand letter or mediation before you sue. Rule 15(b) does direct the court to confer with the parties before trial when a conference might simplify the issues or lead to a settlement.

Where to file

Rule 4 says: "A civil action may be filed in any magistrates court in the county in which at least one defendant resides or where the most substantial part of the cause of action arose." You may sue a domestic corporation where it has its principal place of business. If the defendant lives outside South Carolina and is sued under the long-arm statute (S.C. Code 36-2-803), you may file in the county where you live or where the claim arose.

Forms are in Rule 24 of the magistrates court rules, including Form 2 (complaint), Form 4 (answer), Form 6 (counterclaim) and Form 21 (notice of appeal).

Serving the defendant

Under Rule 6(c), the summons and complaint may be served by a sheriff, a deputy, a magistrate's constable, or anyone 18 or older who is not a party to the case or a lawyer in it. Service can also be made by personal delivery, by leaving the papers at the defendant's home with a resident of suitable age, by a qualifying commercial delivery service (Rule 6(d)(7)), or by certified mail.

Certified mail must be return receipt requested and restricted to the addressee (Rule 6(d)(6)). Service is effective on the delivery date, but Rule 6(d)(6) adds: "Service pursuant to this paragraph shall not be the basis for the entry of a default judgment unless the record contains a return receipt showing the acceptance by the defendant." If the letter is refused or not delivered, use another method. According to the court FAQ, service by publication is possible only after other methods fail and only by court order. If the defendant is not served within 120 days of filing, the magistrate may dismiss the case without prejudice (Rule 6(k)).

If you are sued: answering and counterclaims

A defendant must answer in writing, or orally with the answer reduced to writing, within 30 days. Rule 7 states: "A defendant shall file an answer and any appropriate counterclaims with the court within thirty (30) days from the first day after the date of service." The defendant does not have to serve the answer on the plaintiff; the court delivers it.

A counterclaim arising from the same transaction is filed within the same 30 days (Rule 9(a)). If a counterclaim is larger than $7,500, the defendant has two choices under Rule 9(b) and S.C. Code 22-3-30: waive the excess, or let the whole case transfer to circuit court. Waiving is permanent. Rule 9(b) says: "If the defendant elects to waive a portion of the counterclaim, a separate action for the remainder of the claim may not be maintained."

Default judgment. If the defendant does not answer, or answers but does not appear at trial, the court may enter a default judgment (Rule 11(a)). A claim for a set dollar amount can be decided on the papers; for other claims, the plaintiff must serve an itemized account with an affidavit along with the summons, or prove damages at a hearing. At a default hearing, the defendant may only cross-examine and object (Rule 10(b)). Before a default judgment, federal law also requires the plaintiff to file an affidavit stating whether the defendant is in military service (50 U.S.C. 3931).

If the plaintiff does not show up for trial, the case is dismissed, and if there is a counterclaim, the defendant can get a default judgment on it (Rule 11).

Jury trials

Either side can ask for a jury. The written request must be made at least five working days before the original trial date (Rule 13(c)), and the $5 jury summons fee is charged to the losing party.

The trial

Rule 13 says: "Trials should be conducted in an informal manner and the South Carolina Rules of Evidence shall apply but shall be relaxed in the interest of justice." Testimony is under oath. Bring your contract, receipts, photos, texts and estimates, and anyone who saw what happened.

The court can issue subpoenas for witnesses (Rules 13(e) and 23), but a subpoena cannot require a witness to appear outside the county where the witness lives. Each witness is paid $25 per day. Rule 14 generally allows one continuance, except in unusual circumstances.

We did not find an official figure for how long it takes to get a trial date; ask the magistrates court where you file.

Motion for a new trial

Under Rule 19(b), a party may file a written motion for a new trial within 10 days after notice of the judgment (5 days in landlord-tenant cases). The court's FAQ says five days; the Rule text says 10, and the Rule controls. If the motion is denied, you have 30 days from the denial to appeal.

Appealing a magistrates court judgment

Either party may appeal to the circuit court of the county where the judgment was entered (S.C. Code 18-7-10). A circuit judge hears the appeal without a jury.

The deadline is 30 days. It runs from the day the judgment is announced at trial if both parties are present, and otherwise from delivery of written notice of the judgment. Rule 18 says: "Within thirty (30) days after delivery of written notice of judgment to the parties or their attorneys, a party wishing to appeal shall serve on the respondent and file a notice of appeal." You file the notice with the magistrate and with the circuit court. If you were not personally served and did not appear, the 30 days run from when you get personal notice of the judgment (S.C. Code 18-7-20).

The clerk of circuit court charges a $150 filing fee, according to the court FAQ, and you may ask to appeal in forma pauperis. An appeal stops collection only if the losing party posts a bond with surety for the judgment and costs (S.C. Code 18-7-10).

Setting aside a default judgment

For good cause, the court may set aside a default or a default judgment (Rules 11(e) and 12). Rule 12(b) also allows relief for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, or a void judgment. The motion must be made within a reasonable time and, for the first three grounds, "not more than one year after the judgment, order, or proceeding was entered or taken."

A default entered after certified-mail service is set aside if the return receipt was signed by someone who was not authorized to sign for the defendant (Rule 6(d)(6)).

Collecting a South Carolina magistrates court judgment

Winning a judgment does not guarantee you will be paid, and the court does not collect for you. Here is what the sources we reviewed confirm:

• Waiting for the appeal period. Property cannot be sold under an execution until the time to appeal has run, or while an appeal is pending (S.C. Code 22-3-310). According to the court FAQ, the magistrate may order payment in installments, and a missed installment makes the whole balance due.
• Writ of execution. You can request a writ of execution (Rule 17(c)). According to the court FAQ, it is signed by the clerk of circuit court and served by the sheriff. An execution may issue within three years after the judgment, and it can be renewed for a fee (S.C. Code 22-3-310; 8-21-1010).
• Judgment lien on real estate. Filing the judgment or a transcript with the clerk of circuit court makes it a circuit court judgment entered on the abstract of judgments (S.C. Code 22-3-300). A judgment lien on real estate lasts 10 years from the judgment date (S.C. Code 15-35-810).
• Interest. Judgments earn interest at the prime rate published in the first edition of the Wall Street Journal for the calendar year plus four percentage points, compounded annually, and the South Carolina Supreme Court issues an order by January 15 each year confirming the rate (S.C. Code 34-31-20(B)). For January 15, 2026 through January 14, 2027, the Supreme Court set the rate at 10.75%, compounded annually (order of January 7, 2026).
• Debtor examination. If an execution is returned unsatisfied in whole or in part, you can ask a circuit judge to order the debtor to appear and answer about their property (S.C. Code 15-39-310). In these supplementary proceedings the judge cannot order the debtor's earnings for personal services applied to the judgment (S.C. Code 15-39-410).
• Recording payment. Rule 17(d) says: "Upon payment in full, the judgment creditor shall file a statement of collection with the magistrates court," and with the circuit clerk if the judgment was filed there.

We did not verify how wage garnishment or bank levies work for magistrates court judgments, or the total life of a judgment beyond the 10-year lien. Property exempt from levy is listed in S.C. Code 15-41-30; for how those protections work, see South Carolina debt collection laws. Federal law also protects Social Security benefits (42 U.S.C. 407(a)) and VA benefits (38 U.S.C. 5301(a)(1)) from garnishment and levy.

Security deposit and other common disputes

Many magistrates court cases involve a kept security deposit, a contractor who did not finish, or an unpaid loan. For deposit rules, see South Carolina landlord-tenant laws. Landlord-tenant possession cases are also heard by magistrates, with no dollar cap on possession (S.C. Code 22-3-10(10)).

Official resources

• Court FAQ in Magistrates Courts (South Carolina Judicial Branch)
• South Carolina Rules of Magistrates Court
• Rule 24 forms (complaint, answer, counterclaim, notice of appeal)
• S.C. Code Title 22, Chapter 3 (magistrates' civil jurisdiction)

Related

• Small claims court by state
• South Carolina statute of limitations
• South Carolina debt collection laws
• South Carolina landlord-tenant laws
• North Carolina small claims court
• Georgia small claims court

Disclaimer: This article provides general legal information about civil cases in South Carolina magistrates courts under S.C. Code Title 22, Chapter 3, and the South Carolina Rules of Magistrates Court, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your county magistrates court, a legal aid office, or a lawyer licensed in South Carolina.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in South Carolina?

$7,500. Magistrates courts hear civil cases where the amount claimed does not exceed $7,500 (S.C. Code 22-3-10).

Is South Carolina raising the small claims limit to $15,000?

Not yet. S.251 and H.4668 would raise it to $15,000 and H.3050 to $25,500, but as of October 7, 2026 none had been enacted, and H.3530 was recommitted to committee on March 25, 2026.

How much does it cost to file small claims in South Carolina?

The statewide magistrates court fee schedule lists $80 for a summons and complaint: a $45 filing fee, a $10 service fee and a $25 assessment. Act No. 155 of 2026 raises the filing fee to $65 and the assessment to $40 on January 1, 2027.

Can a business sue in South Carolina magistrates court without a lawyer?

Yes. Rule 21 lets a business be represented by a non-lawyer officer, agent or employee who has written authorization from the president, chairperson, general partner, owner or chief executive.

How long does a defendant have to answer in South Carolina magistrates court?

30 days from the first day after the date of service (Rule 7). The answer can be written or oral, and the court delivers it to the plaintiff.

Can I get a jury trial in South Carolina small claims?

Yes. Make a written request at least five working days before the original trial date (Rule 13(c)); the $5 jury summons fee is charged to the losing party.

How long do I have to appeal a magistrates court judgment in South Carolina?

30 days after the judgment is announced at trial in the parties' presence, or otherwise 30 days after delivery of written notice of the judgment (Rule 18; S.C. Code 18-7-10). A defendant who was not personally served and did not appear has 30 days after personal notice of the judgment (S.C. Code 18-7-20). The appeal goes to the circuit court of the county.

How long do I have to ask for a new trial in South Carolina magistrates court?

Rule 19(b) allows 10 days after notice of the judgment, or 5 days in landlord-tenant cases. The court FAQ says five days, but the Rule text controls.

How long does a South Carolina magistrates court judgment last?

An execution may issue within three years after the judgment (S.C. Code 22-3-310). If you file the judgment with the clerk of circuit court, the lien on the debtor's real estate lasts 10 years from the judgment date (S.C. Code 15-35-810).