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South Carolina (SC)

Small Claims Court in South Carolina

Reviewed May 11, 2026

Suing for under $7,500 in South Carolina? You do not need a lawyer. This page covers the rules, the filing fee, the forms, and what to bring on hearing day - written for people who have never been to court.

South Carolina small claims at a glance

Jurisdictional limit
$7,500
Filing fee
$80
Court name
Magistrate Court
Controlling statute
S.C. Code § 22-3-10
Attorneys permitted
Yes
Appeal window
30 days

The 5-step process in South Carolina

  1. Send a demand letter. Many South Carolina courts expect proof of a pre-suit demand attempt. See our demand letter guide for a template.
  2. File the complaint. Pay the $80 filing fee at the magistrate court. The clerk assigns a case number and a hearing date.
  3. Serve the defendant. South Carolina typically requires sheriff service, process server, or certified mail with return receipt. Personal service by the plaintiff is usually not allowed.
  4. Prepare for the hearing. Bring three copies of every document, a one-page chronology, the demand letter with proof of service, and an itemized damages calculation.
  5. Collect after you win. A judgment is a piece of paper. Collection in South Carolina happens via wage garnishment, bank levy, or property lien - a separate process that can take 3-12 months.

Attorneys in South Carolina small claims

Attorneys may represent parties.

Common questions about South Carolina small claims

How much can I sue for in South Carolina small claims court?

South Carolina small claims court handles claims up to $7,500. If your claim is worth more, you can still use small claims by agreeing to drop the amount above the limit, or you can file in regular civil court instead.

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

The filing fee in South Carolina is typically $80, paid at the magistrate court. If paying the fee would be a hardship, most courts let you ask for a fee waiver.

Can a lawyer represent me in South Carolina small claims court?

Attorneys may represent parties. Either way, most people handle small claims on their own — the process is designed to be used without a lawyer.

How long do I have to appeal a small claims decision in South Carolina?

You generally have 30 days after the judgment is entered to file an appeal in South Carolina. Check the paperwork the court gives you for the exact deadline and where to file.

Do I need a lawyer to file a small claims case in South Carolina?

No. Small claims court in South Carolina is built for people representing themselves. You bring your documents, explain what happened in plain terms, and the judge decides. Organizing your evidence ahead of time is the most useful step you can take.

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South Carolina court rules change. Verify the current jurisdictional limit and filing fee on your local court’s website before filing. Reviewed May 11, 2026. This page is information, not legal advice; consult a local attorney for questions specific to your matter.