Does South Carolina require a demand letter before I can sue?

Not before a claim under South Carolina's Unfair Trade Practices Act: South Carolina Code Section 39-5-140(a) lets any person who suffers an ascertainable loss of money or property from an unfair or deceptive practice sue without a pre-suit demand, notice, or cure period. For a dishonored check, though, Section 34-11-75 makes a certified-mail written demand a precondition to its damages. A demand letter also documents that you tried to resolve the dispute before filing suit.

How does South Carolina's dishonored-check demand letter work?

If someone's check to you was dishonored, South Carolina Code Section 34-11-75 requires you to send a written demand describing the check and the circumstances of its dishonor, demanding payment, and giving notice that you intend to sue for treble damages if you are not paid within 30 days. The demand must be mailed by certified mail to the check-writer's last known address. Only after that 30-day period passes without payment can you sue for the amount owing plus damages of the lesser of $500 or three times that amount.

What happens if I skip the 30-day bad-check demand in South Carolina?

South Carolina Code Section 34-11-75 makes a written demand, mailed by certified mail and followed by 30 days without payment, a precondition to suing for the statute's damages: the amount owing on the check plus the lesser of $500 or three times that amount. Skipping the demand means this statute's remedy is not available to you.

Can I recover treble damages under South Carolina's Unfair Trade Practices Act?

Only if a court finds your claim involved a willful or knowing violation, meaning the violator knew or should have known its conduct violated South Carolina Code Section 39-5-20. In that case, Section 39-5-140(d) requires the court to award three times your actual damages. If the violation is not found willful or knowing, you recover only actual damages, though Section 39-5-140(a) still entitles a prevailing plaintiff to reasonable attorney's fees and costs regardless of willfulness.

How long do I have to sue on a debt in South Carolina?

It depends on the type of debt. South Carolina gives three years to sue on a written or oral contract, an open account, or damage to property, under South Carolina Code Section 15-3-530(1), (3), (4). A contract for the sale of goods gets six years under Section 36-2-725(1), the longest period among these.

Can I add interest to my South Carolina demand letter?

Yes. South Carolina Code Section 34-31-20(A) sets a legal interest rate of 8.75% per annum on an account stated or any other ascertained sum of money that is due. A separate, floating rate applies to court judgments: the prime rate published in the first Wall Street Journal edition of the year, plus four percentage points, confirmed by South Carolina Supreme Court order each January 15, under Section 34-31-20(B).

Do I need a lawyer to send a demand letter in South Carolina?

No. You can write and send your own demand letter in South Carolina. If your dispute later goes to Magistrate's Court, South Carolina Rule of Magistrate Court 21 lets a business be represented there by a non-lawyer officer, agent, or employee. Having an attorney review your letter before you send it can still strengthen the wording.

Where do South Carolina's rules for a security deposit or final paycheck demand apply instead of this letter?

Security deposit and final paycheck disputes follow their own South Carolina rules, covered on separate demand letter pages for those claim types rather than in this general demand letter.

South Carolina Demand Letter

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

South Carolina does not have a separate small claims court; its Magistrate's Court holds that jurisdiction and hears contract claims for money up to $7,500 under South Carolina Code Section 22-3-10(1). A business may be represented there by a non-lawyer officer, agent, or employee under South Carolina Rule of Magistrate Court 21.

This letter applies South Carolina's dishonored-check demand statute, its Unfair Trade Practices Act damages and fee rules, and its small claims, interest, and limitations rules.

Find out where you stand in South Carolina

What is this demand about?

DocDraft provides document preparation, not legal advice.

Introduction

South Carolina does not require a demand letter before you sue for damages under the state's Unfair Trade Practices Act, but if your claim involves a dishonored check, a separate written demand sent by certified mail, giving the check-writer 30 days to pay, is a legal precondition to suing for the check amount plus damages of the lesser of $500 or three times the amount owing under South Carolina Code Section 34-11-75. A demand letter states clearly what you are owed, why, and what you will do if the other side does not respond by your deadline, and it creates a paper trail a judge will want to see even when no statute requires one. If your dispute involves a security deposit or a final paycheck, South Carolina applies separate rules to those claims, covered on their own demand letter pages rather than repeated here. DocDraft builds your South Carolina demand letter from your facts and your deadline, with attorney review available before you send it.

Key Things to Know

1
South Carolina's Unfair Trade Practices Act does not require a demand letter before you sue for damages, but if your claim involves a dishonored check, a written demand mailed by certified mail, giving the check-writer 30 days to pay, is a legal precondition to suing for the check amount plus damages of the lesser of $500 or three times the amount owing under South Carolina Code Section 34-11-75.
2
State your demand in specific numbers. Name the exact amount owed, the contract, invoice, or dishonored check it comes from, and a firm deadline to pay or act.
3
If you send a dishonored-check demand under South Carolina Code Section 34-11-75, wait at least 30 days following that written demand before filing suit for the amount owing plus damages of the lesser of $500 or three times that amount.
4
South Carolina's Magistrate's Court hears contract claims for money up to $7,500 under South Carolina Code Section 22-3-10(1), and under South Carolina Rule of Magistrate Court 21 a business may be represented there by a non-lawyer officer, agent, or employee.
5
Mind South Carolina's statute of limitations: three years to sue on a written or oral contract, an open account, or damage to property under Section 15-3-530, and six years on a contract for the sale of goods under Section 36-2-725(1).
6
South Carolina's legal interest rate on an ascertained sum that is due, such as an account stated, is 8.75% per annum under South Carolina Code Section 34-31-20(A). A separate, floating rate applies only to court judgments.
7
Keep the tone firm and factual, not threatening. Do not threaten arrest, jail, or criminal prosecution to collect a civil debt. Separately, South Carolina's Unconscionable Debt Collection Practices provision, Section 37-5-108(2), applies only to debt arising from a consumer credit transaction, such as a credit sale or consumer loan.

Key decisions before you file

Before you file a Demand Letter in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Demand Letter guide walks through them.

Open the Demand Letter guide

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[YOUR NAME] [YOUR ADDRESS] [CITY, SOUTH CAROLINA ZIP] [EMAIL] [PHONE]

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[RECIPIENT NAME] [RECIPIENT ADDRESS] [CITY, SOUTH CAROLINA ZIP]

Re: Demand for Payment - [INVOICE, CONTRACT, OR CHECK NUMBER]

Dear [RECIPIENT NAME]:

This letter is a formal demand regarding [MATTER: UNPAID INVOICE, DISHONORED CHECK, BREACHED AGREEMENT, OR UNPERFORMED WORK].

STATEMENT OF FACTS

On [DATE], [WHAT HAPPENED, IN PLAIN CHRONOLOGICAL ORDER]. [ADDITIONAL FACTS, INCLUDING ANY RELEVANT DATES]. Copies of the invoice, contract, or dishonored check are enclosed with this letter.

AMOUNT DEMANDED

You currently owe me $[AMOUNT], consisting of [PRINCIPAL AMOUNT] plus interest as described below. [ACTION REQUIRED, IF THIS IS NOT A MONEY DEMAND].

IF THIS DEMAND CONCERNS A DISHONORED CHECK

You issued check number [CHECK NUMBER], in the amount of $[CHECK AMOUNT], which was dishonored. This letter describes the check and the circumstances of its dishonor, demands payment, and gives notice of my intent to file suit for treble damages under South Carolina Code Section 34-11-75 if payment is not received within 30 days following this written demand. That section allows recovery of the amount owing on the check plus the lesser of $500 or three times that amount. This letter is sent by certified mail, return receipt requested, as Section 34-11-75(1) requires.

IF THIS CLAIM ARISES FROM AN UNFAIR OR DECEPTIVE TRADE PRACTICE

South Carolina law does not require this letter before I file suit under the South Carolina Unfair Trade Practices Act. If a court finds your conduct was a willful or knowing violation of Section 39-5-20, Section 39-5-140(d) entitles me to three times my actual damages, and Section 39-5-140(a) entitles a prevailing plaintiff to reasonable attorney's fees and costs regardless of willfulness.

INTEREST

Interest on the amount owed accrues at South Carolina's legal rate of 8.75% per annum on this ascertained and due sum, under South Carolina Code Section 34-31-20(A).

DEMAND AND DEADLINE

I demand payment of the full amount, or completion of the action described above, no later than [DEADLINE DATE: AT LEAST 30 DAYS AFTER YOU RECEIVE THIS LETTER]. Payment may be made by [PAYMENT METHOD].

CONSEQUENCES IF YOU DO NOT RESPOND

If I do not receive payment or a response by the deadline, I intend to pursue all available legal remedies, including filing a claim in South Carolina's Magistrate's Court, which hears contract claims for money up to $7,500 under South Carolina Code Section 22-3-10(1). I may bring this claim within South Carolina's applicable limitations period: three years on a written or oral contract, an open account, or damage to property under Section 15-3-530(1), (3), (4), or six years on a contract for the sale of goods under Section 36-2-725(1). This letter may be presented to the court as evidence that I sought to resolve this matter before filing suit.

I would prefer to resolve this without litigation and am willing to discuss a reasonable resolution if you contact me before the deadline.

Sincerely,

[SIGNATURE] [YOUR NAME]

Enclosures: [INVOICES, CONTRACTS, PHOTOS, OR OTHER RECORDS]

Note: This letter is drawn from South Carolina Code Section 34-11-75 (dishonored-check demand), Section 39-5-140 (Unfair Trade Practices Act damages and fees), Section 34-31-20 (legal interest), Section 22-3-10 (Magistrate's Court jurisdiction), and Sections 15-3-530 and 36-2-725 (limitations periods).

South Carolina Requirements for Demand Letter

Bad-Check Demand Is a Precondition to Treble Damages
South Carolina Code Section 34-11-75(1) makes a written demand, mailed by certified mail and followed by 30 days without payment, a precondition to suing for the amount owing on a dishonored check plus damages of the lesser of $500 or three times that amount. Without that demand, this statute's remedy is not available.
Certified-Mail Content Requirements for a Bad-Check Demand
South Carolina Code Section 34-11-75(1) requires the demand to describe the check and the circumstances of its dishonor, demand payment, give notice of intent to sue for treble damages if unpaid within 30 days, and be mailed by certified mail to the check-writer's last known address.
Court May Waive Bad-Check Damages for Hardship
Under South Carolina Code Section 34-11-75(2), a court or jury may waive all or part of the treble damages if the check-writer's failure to pay was due to a recent job loss, personal or family illness, or a personal or family catastrophic loss.
No SCUTPA Pre-Suit Demand Requirement
South Carolina's Unfair Trade Practices Act lets any person who suffers an ascertainable loss of money or property from an unfair or deceptive practice sue without requiring a pre-suit demand, notice, or cure period, under South Carolina Code Section 39-5-140(a).
SCUTPA Treble Damages for Willful Violations
If a court finds the violation was willful or knowing, meaning the violator knew or should have known its conduct violated South Carolina Code Section 39-5-20, Section 39-5-140(d) requires the court to award three times the actual damages, with no stated cap or floor.
Mandatory Attorney Fees for Any SCUTPA Violation
South Carolina Code Section 39-5-140(a) requires the court to award a prevailing plaintiff reasonable attorney's fees and costs upon any finding of a violation, regardless of whether the violation was willful or knowing.
Statute of Limitations by Claim Type
South Carolina gives three years to sue on a written or oral contract, an open account, or damage to property, under South Carolina Code Section 15-3-530(1), (3), (4), and six years on a contract for the sale of goods under Section 36-2-725(1).
Legal Interest Rate on Amounts Due
South Carolina Code Section 34-31-20(A) sets a legal interest rate of 8.75% per annum on an account stated or any other ascertained sum of money that is due. A separate, floating rate applies only to court judgments under Section 34-31-20(B).
Magistrate's Court Limit and Business Representation
South Carolina's Magistrate's Court hears contract claims for money up to $7,500 under South Carolina Code Section 22-3-10(1). A business may be represented there by a non-lawyer officer, agent, or employee under South Carolina Rule of Magistrate Court 21.

Find out where you stand in South Carolina

Introduction

Key Things to Know

Key decisions before you file

Customize your Demand Letter Template with DocDraft

South Carolina Requirements for Demand Letter

Bad-Check Demand Is a Precondition to Treble Damages

Certified-Mail Content Requirements for a Bad-Check Demand

Court May Waive Bad-Check Damages for Hardship

No SCUTPA Pre-Suit Demand Requirement

SCUTPA Treble Damages for Willful Violations

Mandatory Attorney Fees for Any SCUTPA Violation

Statute of Limitations by Claim Type

Legal Interest Rate on Amounts Due

Magistrate's Court Limit and Business Representation

Frequently Asked Questions