How does Small Claims Court work in SC?

Small Claims Court, otherwise known as Magistrate’s Court, is a civil court that is set up for the “just, speedy, and inexpensive determination” of civil cases. In Small Claims Court, you can file a claim, such as for breach of contract or for property damage, where the value of the claim is $7,500.00 or less.

How much is small claims court in South Carolina?

A Small Claims action is commenced by the filing and service of a summons and complaint, together with the appropriate filing fees. Parties instituting a Small Claims action are required to pay the filing fee at the time the case is filed. The current fee is $80.

How to file small claims in South Carolina?

The South Carolina Code of Laws Title 22 and South Carolina Rules of Magistrates Court govern these small claims cases, so you’ll follow the same procedure statewide. You can file a civil case with the magistrate court if you are seeking $7,500 or less for: Property damage.

What kind of court is small claims court?

Small Claims Court, otherwise known as Magistrate’s Court, is a civil court that is set up for the “just, speedy, and inexpensive determination” of civil cases. In Small Claims Court, you can file a claim, such as for breach of contract or for property damage, where the value of the claim is $7,500.00 or less.

Is there a statute of limitations in South Carolina?

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. 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.

Can a landlord Sue in South Carolina magistrates court?

You can ask for up to $7,500 in a small claims action in South Carolina Magistrates Court—the court that handles small claims matters in South Carolina. Can a landlord bring an eviction lawsuit in a South Carolina small claims court?

Are lawyers allowed in small claims cases?

Typically, attorneys are not permitted to represent parties in small claims court. However, if you sue a corporation and that corporation has a legal department, an attorney from the legal department may apprear at the small claims trial as a company representative.

How to file a civil suit in South Carolina?

Go to your local county clerk’s office in South Carolina. The clerk will give you a copy of the laws involving small claims court and the necessary paperwork. Fill-out the paperwork, return it to the clerk and pay the filing fee. Wait for an answer from the court.

Can you sue someone in Small Claims Court in another state?

However, sometimes you may need to file a small claims lawsuit against a defendant who lives in another state. Not every jurisdiction will allow you to sue an out-of-state defendant in small claims court. However, you may be allowed to if the damages or injuries occurred in the state where you want to file the lawsuit.

Is small claims a lawsuit?

A Small Claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or any person over the age of 18 years can file a Small Claims Case. The party filing the suit is the “Plaintiff.”.