How do I file a small claims case in South Carolina to recover money owed?
In South Carolina, people commonly bring money-claim cases in magistrate (small claims) court using the court's recommended forms. The court has procedures for filing a complaint, serving the defendant, and holding a trial where the plaintiff must prove the amount claimed. If a defendant does not file an answer or appear at trial, the court may enter a default judgment in favor of the plaintiff in some situations.
Magistrate courts have limits and exclusions on what they will hear: for example, they do not have jurisdiction when the State is a party or when title to real property is directly at issue. The court provides standardized forms and has rules about answers, counterclaims, and default hearings that affect how a case proceeds.
Current South Carolina law
Every answer cites the statute
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The deadline that matters
A defendant typically has 30 days after service to file an answer and any counterclaims SCRMC 7.
What South Carolina law says
The magistrates court provides recommended forms and makes them available to litigants, including a summons, complaint, answer, counterclaim, affidavit of default, and other standard forms, under the court rules SCRMC 24. A defendant generally must file an answer and any counterclaims within thirty days from the first day after service, under the rules governing answers SCRMC 7. If a defendant fails to answer or appear, a default judgment may be entered for liquidated claims or for unliquidated claims when the plaintiff files an itemized account and an affidavit as required by the default rule SCRMC 11. Magistrates court has subject matter limits, and no magistrate may hear a civil action in which the State is a party or when title to real property is in question, except as provided in the statutes S.C. Code Ann. § 22-3-20.
What to do
A common first step is to complete a magistrate court complaint form using the court’s recommended forms SCRMC 24.
A common next step is to file the complaint with the clerk and arrange for proper service on the defendant so the court can acquire jurisdiction.
A common step is to gather and attach evidence that supports the amount claimed, and be prepared to itemize the account and provide an affidavit if seeking a default judgment SCRMC 11.
A common step is to be ready to go to the scheduled trial; if a defendant answers, the case proceeds and parties present their proof at trial SCRMC 7.
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Common questions
Can I use magistrate court forms provided by the court?
Yes, the magistrates court recommends and must make available standard forms such as the summons, complaint, and affidavit of default for litigants SCRMC 24.
What happens if the defendant does not answer or show up?
If the defendant does not answer or appear, the court may enter a default judgment for liquidated claims; for unliquidated claims the plaintiff may need to file an itemized account and affidavit before a default judgment is entered SCRMC 11.
Are there cases magistrate court will not hear?
Magistrate courts generally cannot hear civil actions in which the State is a party or when title to real property is in question, subject to statutory exceptions S.C. Code Ann. § 22-3-20.
How long does a defendant have to file an answer?
A defendant generally has thirty (30) days from the first day after service to file an answer and any counterclaims SCRMC 7.
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This page provides legal information about South Carolina small claims procedures, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
