South Carolina doesn’t have a court called “small claims.” Instead, magistrates court hears civil cases worth $7,500 or less [1][2]. It’s built for people without lawyers: court staff can help you write your complaint, and the judge questions witnesses when a side has no attorney [1].
At a glance
- Limit
- $7,500 [1][2]
- State filing fee
- $45; $65 from Jan. 1, 2027 [3]
- Time to answer
- 30 days after being served [1]
- Jury
- Ask in writing at least 5 working days before trial [1]
- Appeal
- Within 30 days, $150 circuit court fee [1][4]
What magistrates court handles
Magistrates can hear contract claims for money, claims for injury to people or property, and several other kinds of civil cases, as long as the amount doesn’t exceed $7,500 [2]. If you think you’re owed more, file in circuit court instead [1].
The limit cuts both ways. If you file a counterclaim worth more than $7,500 in magistrates court, you have to accept no more than $7,500, and you can’t sue for the rest later [1].
| Item | Rule |
|---|---|
| Most you can recover | $7,500 |
| Fee for summons and judgment | $45; $65 from Jan. 1, 2027 |
| Defendant's answer | 30 days after service |
| Jury request | 5 working days before trial |
| Motion for new trial | 5 days after notice of judgment |
| Appeal to circuit court | 30 days, $150 filing fee |
| Filing your judgment with the circuit clerk | $10 |
How to file
- Value your claim. Only claims of $7,500 or less belong here [1].
- Pick the county. Sue a person where they live, and a business where it has its principal place of business. You can also file where most of what happened took place [1].
- Write your complaint . Say what you’re claiming and why, name everyone you’re suing, and give a mailing address for the court to reach you. Court staff can help you write it if you go in person [1].
- Attach copies of your evidence: contracts, receipts, photos, leases, cancelled checks. Bring the originals to trial [1].
- Pay the filing fee. The state sets the magistrate’s fee for issuing a summons and giving judgment at $45, rising to $65 on January 1, 2027 [3]. If you can’t afford it, file a Motion for Leave to Proceed In Forma Pauperis with a sworn statement. If it’s granted, you skip the filing fee but still owe other costs [1].
Serving the other side
Once you file, the court issues a summons. You have to get the summons, complaint and attachments to each person you’re suing. The four ways [1]:
- Sheriff’s department where the defendant lives or works. There may be a fee.
- Private process server, who should give you a notarized affidavit of service.
- Certified mail, restricted delivery, return receipt requested. File the receipt with a notarized affidavit.
- Publication in a newspaper, only with the court’s permission after the other methods fail.
After that, the court sends later papers to both sides [1].
If you’re the one being sued
You have 30 days after you’re served to answer, in writing or in person. Count from the day after you receive the complaint [1]. If you don’t answer in time, the court enters a default judgment and the plaintiff wins [1].
Trial
The court tells both sides the date. The plaintiff goes first, then the defendant. Both can call witnesses, show documents and ask questions. Everyone testifies under oath [1]. If you want a jury, send a written request at least 5 working days before trial [1].
If a witness won’t come voluntarily, ask the court about a subpoena. An affidavit from a witness who doesn’t show up generally isn’t allowed [1]. If you need to reschedule, contact the court; you usually get one reschedule, for a good reason [1].
After the judgment
You have two options if you disagree [1]:
- Ask for a new trial in writing within 5 days of getting notice of the judgment.
- Appeal to circuit court. File the notice of appeal with the circuit court clerk within 30 days, serve it on the other side and the magistrate, and pay a $150 filing fee [1][4]. A circuit judge hears the appeal, without a jury [1].
Collecting what you won
The court doesn’t collect for you. File the judgment with the circuit court clerk in the county where the case was heard, for a $10 fee [1]. If the other side still doesn’t pay, prepare an execution of judgment, have the clerk sign it, and take it to the sheriff, who will try to collect. Sheriff’s fees vary by county [1].
Where to get help
- Magistrate’s office or clerk of court: forms, deadlines and scheduling. Staff can’t give legal advice [1].
- South Carolina Bar Lawyer Referral Service: 1-800-868-2284 [1].
- Legal Aid Telephone Intake Service: 1-888-346-5592, for people who qualify by income [1].
For limits in other states, see BestAmerica’s chart of small claims limits by state.
Sources
Common questions
What is the small claims limit in South Carolina?
$7,500. South Carolina doesn't have a separate small claims court; magistrates court hears civil cases worth $7,500 or less. Bigger claims go to circuit court. If you counterclaim for more than $7,500 in magistrates court, you give up anything over $7,500.
How much does it cost to file in South Carolina magistrates court?
The state fee for issuing a summons and giving judgment in a civil case is $45. It rises to $65 on January 1, 2027. The fee is the same statewide. Serving the papers can cost extra, and you can ask to proceed without paying if you can't afford it.
How long do I have to appeal a magistrate's judgment in South Carolina?
30 days. You file a notice of appeal with the circuit court clerk and pay a $150 filing fee. If the judge announced the decision in court with you present, the 30 days start that day; otherwise they start when you receive written notice of the judgment.