DocDraft Logo

South Carolina Answer to a Complaint

South Carolina gives you 30 calendar days to answer a complaint under SCRCP 12(a). File on time, or the plaintiff can take a default judgment against you.

Introduction

A South Carolina Answer to a Complaint is the written response you file with the clerk of the Circuit Court (Court of Common Pleas) after you are served with a summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case, S.C. R. Civ. P. 12(a) gives you 30 calendar days after the complaint is served to serve your answer, unless the court directs otherwise. What sets a South Carolina answer apart is that there is no mandatory statewide form for a Circuit Court case. Magistrates Court (small claims) has form SCCA/703, but a Circuit Court answer is a typed pleading on a caption that complies with S.C. R. Civ. P. 10(a), naming the court and the parties. You file it with the clerk of the court named in the summons and serve a copy on the plaintiff. Miss the deadline and the clerk can enter your default under S.C. R. Civ. P. 55(a), after which the plaintiff can seek a default judgment. DocDraft drafts a South Carolina-formatted answer from your facts, with attorney review available before you file.

0/5000

Key Things to Know

  1. 1

    Your deadline is 30 calendar days. In a general civil case, S.C. R. Civ. P. 12(a) gives you 30 days after the complaint is served to serve your answer, unless the court directs otherwise. The 30-day window is counted in calendar days.

  2. 2

    Small claims also requires an answer. In Magistrates Court (small claims up to $7,500), you must file an answer within 30 days from the first day after the date of service under S.C. Magistrates Court Rule 7, and the answer may be in writing or made orally and reduced to writing.

  3. 3

    An eviction has a much shorter window. In an ejectment (eviction) case, the tenant must show cause why he should not be ejected within 10 days after service of the rule under S.C. Code Ann. § 27-37-20, far shorter than the 30-day civil answer period.

  4. 4

    There is no mandatory statewide form for Circuit Court. Magistrates Court provides form SCCA/703, but a Circuit Court answer is a typed pleading on a caption that complies with S.C. R. Civ. P. 10(a), naming the court, the parties, and the case number.

  5. 5

    There is no fee to file an answer, and a waiver exists. The answer filing fee is $0, and if you cannot afford court costs you can file a Motion and Affidavit to Proceed In Forma Pauperis (form SCCA405PC) based on inability to pay.

  6. 6

    You must serve the plaintiff and prove it. Under S.C. R. Civ. P. 5(b), serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, hand delivery, or electronic means, and file a certificate of service with the court.

  7. 7

    A related claim may be compulsory. Under S.C. R. Civ. P. 13(a), a counterclaim arising out of the same transaction or occurrence must be stated in your answer, and the statute of limitations on a written contract is three years under S.C. Code Ann. § 15-3-530(1).

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

ANSWER OF DEFENDANT

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to form a belief as to the truth of the allegations and therefore denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information and therefore denies]. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the three-year statute of limitations on a written contract under S.C. Code Ann. Section 15-3-530(1); payment; release; accord and satisfaction; statute of frauds; res judicata; waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under S.C. R. Civ. P. 13(a) a counterclaim arising out of the same transaction or occurrence is compulsory and must be stated in this answer.]

IV. PRAYER WHEREFORE, Defendant prays that the Complaint be dismissed, that Plaintiff take nothing, that Defendant recover the costs of this action, and that the Court grant such other relief as it deems just and proper.

Respectfully submitted,

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under S.C. R. Civ. P. 5(b), by [mail / hand delivery / electronic means], and that a certificate of service is filed with the court. [SIGNATURE]

South Carolina Requirements for Answer to a Complaint

30-Day Answer Deadline

In a general civil case your answer is due within 30 calendar days after the complaint is served, unless the court directs otherwise, under S.C. R. Civ. P. 12(a). In Magistrates Court (small claims), the answer is due within 30 days from the first day after the date of service under Magistrates Court Rule 7.

Typed Pleading or SCCA/703 Form

There is no mandatory statewide form for a Circuit Court case. Type your answer as a pleading on a caption that complies with S.C. R. Civ. P. 10(a). Magistrates Court (small claims) provides form SCCA/703, where the answer may be filed in writing or made orally and reduced to writing.

Court Caption

Caption the answer for the court named in the summons, which for general civil cases over $7,500 is the Circuit Court (Court of Common Pleas) and for claims up to $7,500 is the Magistrates Court. Under S.C. R. Civ. P. 10(a), include the court, county, the parties' names, and the case number.

File With the Court Clerk

File your answer with the clerk of the court named in the summons. E-filing is mandatory for attorneys in Circuit and Family Courts under S.C. R. Civ. P. 5(d), while self-represented litigants may file on paper by mail or in person.

Serve a Copy on the Plaintiff

Under S.C. R. Civ. P. 5(b), serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, hand delivery, or electronic means if registered, and file a certificate of service with the court.

No Answer Fee, Waiver Available

The fee to file an answer in South Carolina is $0. If you cannot afford other court costs, file a Motion and Affidavit to Proceed In Forma Pauperis on form SCCA405PC, based on inability to pay, with the same court that is hearing your case.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, statute of frauds, res judicata, or waiver. The statute of limitations on a written contract is three years under S.C. Code Ann. § 15-3-530(1).

Compulsory Counterclaim If Any

Under S.C. R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be stated in your answer, or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim under S.C. R. Civ. P. 13(b).

Frequently Asked Questions

In a general civil case, S.C. R. Civ. P. 12(a) gives you 30 calendar days after the complaint is served to serve your answer, unless the court directs otherwise. The deadline differs in other courts. A small claims answer in Magistrates Court is due within 30 days from the first day after service under Magistrates Court Rule 7, and in an ejectment (eviction) case the tenant must show cause within 10 days after service of the rule under S.C. Code Ann. § 27-37-20. Missing your deadline can lead to a default judgment.

There is no mandatory statewide form for a Circuit Court (Court of Common Pleas) case. You type your answer as a pleading on a caption that complies with S.C. R. Civ. P. 10(a), naming the court, the parties, and the case number, then admit or deny each allegation and state your defenses. Magistrates Court (small claims) provides form SCCA/703, and in that court the answer may be filed in writing or made orally and reduced to writing.

File your answer with the clerk of the court named in the summons. General civil cases over $7,500 are heard in the Circuit Court (Court of Common Pleas), and claims up to $7,500 are heard in the Magistrates Court (small claims). E-filing is mandatory for attorneys in Circuit and Family Courts under S.C. R. Civ. P. 5(d), while self-represented litigants may file on paper by mail or in person.

The fee to file an answer in South Carolina is $0. If you cannot afford other court costs, you can file a Motion and Affidavit to Proceed In Forma Pauperis on form SCCA405PC, based on inability to pay. The motion is filed with the same court that is hearing your case.

Under S.C. R. Civ. P. 55(a), when a party fails to plead or otherwise defend and that fact is shown by affidavit or otherwise, the clerk shall enter the party's default, after which the plaintiff can seek a default judgment. You may be able to set it aside by filing a Motion to Set Aside Entry of Default or Default Judgment within a reasonable time, and not more than one year, under S.C. R. Civ. P. 55(c) and 60(b), by showing good cause or mistake, inadvertence, surprise, or excusable neglect.

Yes, and you may be required to. Under S.C. R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be stated in your answer. A claim arising from a different transaction may be raised as a permissive counterclaim under S.C. R. Civ. P. 13(b). A compulsory counterclaim not stated with your answer can be lost.