South Carolina Answer to a Complaint
Answer a South Carolina complaint within 30 calendar days under SCRCP 12(a). DocDraft drafts it, attorney review available.
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.
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Key Things to Know
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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.
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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.
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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.
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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.
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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.
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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.
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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 before you file
Before you file a Answer to a Complaint in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Answer to a Complaint guide walks through them.
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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).