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How to Respond to a Lawsuit in South Carolina: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. South Carolina. Last updated 2026-06-02

In South Carolina, a defendant served with a civil summons and complaint generally has 30 calendar days to file a written answer under S.C. R. Civ. P. 12(a), which directs that a defendant serve his answer within 30 days after the service of the complaint upon him. That 30-day window controls in the Circuit Court (Court of Common Pleas), which hears civil actions over $7,500, and in the Family Court for a response to a divorce or other family complaint. Small claims runs in the Magistrates Court, which hears claims up to $7,500, and there you still file a written answer, or an oral answer reduced to writing, within 30 days from the first day after the date of service under S.C. Magistrates Court Rule 7 (the window is 5 days in matters of $25 or less). An eviction is the short track: under S.C. Code Ann. § 27-37-20, a tenant served with an ejectment rule must show cause before the magistrate within 10 days after service. If you miss a deadline where a response is required, the clerk can enter your default under S.C. R. Civ. P. 55(a) and the court can enter a default judgment, which you can ask the court to set aside under Rule 60(b) within a reasonable time, and not more than one year after the judgment, for mistake, inadvertence, surprise, or excusable neglect.

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How long do I have to respond to a lawsuit in South Carolina?

It depends on the court and track. For a general civil complaint in the Circuit Court, S.C. R. Civ. P. 12(a) gives you 30 calendar days after the complaint is served to file a written answer. Small claims in the Magistrates Court also allows a written answer, within 30 days from the first day after the date of service under Magistrates Court Rule 7. An eviction is faster: you must show cause before the magistrate within 10 days under S.C. Code Ann. § 27-37-20.

How do I respond to a civil summons in South Carolina?

You respond by filing a written answer with the clerk of the court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney and filing a certificate of service under S.C. R. Civ. P. 5(b). The answer admits or denies each numbered allegation of the complaint and states your defenses. In the Magistrates Court you may file the answer on form SCCA/703 or state it orally to be reduced to writing.

What happens if I don't answer a summons in South Carolina?

If you do not respond by your deadline, the plaintiff can show that you failed to plead or otherwise defend, and the clerk shall enter your default under S.C. R. Civ. P. 55(a). The court can then enter a default judgment for what the complaint requests. You can move to set the default aside under Rule 60(b) within a reasonable time, and not more than one year after the judgment, for excusable neglect.

How do I answer a summons without an attorney in South Carolina?

Self-represented defendants can file an answer themselves. There is no mandatory statewide answer form for the Circuit Court, so you type your answer on standard pleading paper with the court, parties, and case number in the caption under S.C. R. Civ. P. 10(a). In the Magistrates Court you can use form SCCA/703. File with the clerk, serve the plaintiff, and request a fee waiver if you cannot pay the court costs.

South Carolina response framework at a glance

South Carolina's response rules turn first on which court your case is in. A general civil complaint is governed by S.C. R. Civ. P. 12(a), which directs the defendant to serve his answer within 30 days after the service of the complaint upon him. That 30-day deadline applies in the Circuit Court, also called the Court of Common Pleas, which hears civil actions over $7,500, and in the Family Court for a response to a divorce or other family complaint. Small claims is heard in the Magistrates Court, which has civil jurisdiction up to $7,500 under S.C. Code Ann. § 22-3-10. Unlike many states, South Carolina small claims still requires a response: under S.C. Magistrates Court Rule 7 a defendant files an answer, in writing or stated orally and reduced to writing, within 30 days from the first day after the date of service, and the window is 5 days in matters of $25 or less. An eviction is the short track. Under S.C. Code Ann. § 27-37-20, a tenant served with a rule to show cause must appear and show cause why he should not be ejected before the magistrate within 10 days after service. Answers are filed with the clerk of the court named in the summons and served on the plaintiff with a certificate of service under S.C. R. Civ. P. 5(b). Electronic filing is mandatory for attorneys in the Circuit and Family Courts, while self-represented litigants may file on paper by mail or in person. There is no separate fee to file an answer in South Carolina. The South Carolina Judicial Branch website at www.sccourts.org is the official source for the court rules, the Magistrates Court answer form (SCCA/703), and the fee-waiver motion (SCCA/405PC).

Court Resources

South Carolina Judicial Branch. E-Filing

Official South Carolina Judicial Branch page on electronic filing, which is mandatory for attorneys in the Circuit and Family Courts. Self-represented litigants are not required to e-file and may file an answer on paper by mail or in person with the clerk of the court named in the summons.

Form SCCA/703 (Magistrates Court Answer)

The official Magistrates Court answer form a small claims defendant can use to respond to the summons and complaint within 30 days under Magistrates Court Rule 7. The answer may be filed on this form or stated orally and reduced to writing.

Form SCCA/405PC (Motion and Affidavit to Proceed In Forma Pauperis)

The official South Carolina fee-waiver motion a defendant can file based on inability to pay the court costs, so you can respond without paying costs that would otherwise apply while the court decides eligibility.

Relevant Laws

S.C. R. Civ. P. 12(a) (30-Day Answer to a Civil Complaint)

Directs that a defendant shall serve his answer within 30 days after the service of the complaint upon him, unless the court directs otherwise. This is the standard general civil answer deadline in the Circuit Court (Court of Common Pleas) and the deadline that applies to a Family Court response.

S.C. Magistrates Court Rule 7 (30-Day Small Claims Answer)

Provides that a defendant shall file an answer and any appropriate counterclaims with the court within 30 days from the first day after the date of service. The answer may be filed in writing or made orally and reduced to writing. The Magistrates Court hears small claims up to $7,500, and the window is 5 days in matters of $25 or less.

S.C. Code Ann. § 27-37-20 (10-Day Eviction Show Cause)

Requires a tenant served with a rule to show cause to appear and show cause why he should not be ejected before the magistrate within 10 days after service of a copy of the rule upon the tenant. This is the short eviction track, much faster than the 30-day general civil window.

S.C. R. Civ. P. 55 (Entry of Default and Default Judgment)

Provides that when a party against whom affirmative relief is sought has failed to plead or otherwise defend, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the default, opening the door to a default judgment. An entry of default may be set aside for good cause under Rule 55(c).

S.C. R. Civ. P. 60(b) (Setting Aside a Default Judgment)

Allows a court to relieve a party from a final judgment for mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time, and not more than one year after the judgment, order, or proceeding was entered or taken for those grounds.

S.C. R. Civ. P. 13 (Compulsory and Permissive Counterclaims)

Requires a defendant to state as a counterclaim any claim that arises out of the same transaction or occurrence as the plaintiff's claim, and allows a defendant to state any other claim against the plaintiff as a permissive counterclaim, in the answer.

S.C. Code Ann. § 15-3-530(1) (Three-Year Limit on Contract Actions)

Sets a three-year statute of limitations for an action upon a contract, obligation, or liability, express or implied, a key defense to check in debt-collection lawsuits before filing a response.

Regional Variances

Answer deadline by case track in South Carolina

General civil complaint (S.C. R. Civ. P. 12(a))

30 calendar days after the complaint is served on the defendant to file a written answer with the Circuit Court (Court of Common Pleas), which hears civil actions over $7,500. This is the default civil deadline and the one most defendants are working against.

Small claims, Magistrates Court (S.C. Magistrates Court Rule 7)

30 calendar days from the first day after the date of service to file an answer, in writing or stated orally and reduced to writing, in the Magistrates Court, which hears claims up to $7,500. The window is 5 days in matters of $25 or less. Unlike many states, South Carolina small claims requires a response, so do not wait for a hearing date to act.

Eviction / ejectment (S.C. Code Ann. § 27-37-20)

10 calendar days after service of the rule to show cause to appear and show cause before the magistrate why you should not be ejected. This is much shorter than the 30-day general civil window, so a tenant must respond fast.

Divorce / family response (S.C. R. Civ. P. 12(a))

30 calendar days after the complaint is served to file an answer in the Family Court. The Family Court rules supplement but do not shorten this 30-day period. Missing it can let the case proceed by default and let the court decide property, support, and custody.

Which South Carolina court hears your case, by amount

Magistrates Court (small claims)

Has civil jurisdiction up to the small claims dollar cap of $7,500 under S.C. Code Ann. § 22-3-10. A defendant files an answer within 30 days under Magistrates Court Rule 7, in writing or orally reduced to writing, and may use form SCCA/703.

Circuit Court (Court of Common Pleas)

Hears civil actions over $7,500. A written answer is required within 30 days under S.C. R. Civ. P. 12(a), filed with the clerk of the court named in the summons. There is no mandatory statewide answer form, so you use standard pleading paper.

Family Court

Hears divorce, support, custody, and other family matters. A response is due within 30 days under S.C. R. Civ. P. 12(a). Electronic filing is mandatory for attorneys, while self-represented litigants may file on paper.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your court and track. A general civil complaint in the Circuit Court is due in 30 calendar days under S.C. R. Civ. P. 12(a). Small claims in the Magistrates Court is also due in 30 days, from the first day after the date of service, under Magistrates Court Rule 7 (5 days in matters of $25 or less). An eviction requires you to show cause before the magistrate within 10 days under S.C. Code Ann. § 27-37-20. A divorce or family response is due in 30 days under Rule 12(a). Mark the exact due date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the caption on the summons to confirm whether the case is in the Magistrates Court (small claims up to $7,500), the Circuit Court (Court of Common Pleas, claims over $7,500), the Family Court, or is an eviction. The track decides your deadline, your court, and how you respond. Confirm the clerk of the court named in the summons, because that is where your answer must be filed.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts, such as statute of limitations, statute of frauds, payment, release, accord and satisfaction, fraud, duress, waiver, laches, or res judicata. In debt cases, check the three-year contract limitations period under S.C. Code Ann. § 15-3-530(1). If you have a claim against the plaintiff arising from the same transaction, you must state it as a compulsory counterclaim under S.C. R. Civ. P. 13(a) or risk losing it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting, denying, or stating you lack knowledge to admit or deny, then state your affirmative defenses. There is no mandatory statewide answer form for the Circuit Court, so type the answer on standard pleading paper with the court, parties, and case number in the caption under S.C. R. Civ. P. 10(a). In the Magistrates Court you may use form SCCA/703 or state your answer orally to be reduced to writing.

Document: answer-to-complaint

File the answer with the clerk of the correct court

On or before the answer deadline days after starting

File with the clerk of the court named in the summons. Electronic filing is mandatory for attorneys in the Circuit and Family Courts, while self-represented litigants may file on paper by mail or in person. There is no separate fee to file an answer in South Carolina.

Serve the plaintiff and file a certificate of service

With or promptly after filing days after starting

Serve a copy of your filed answer on the plaintiff or the plaintiff's attorney by mail, hand delivery, or electronic means if the party is registered, and file a certificate of service with the court under S.C. R. Civ. P. 5(b). An answer that is filed but not served, or served without a certificate of service on file, can be challenged.

Request a fee waiver if you cannot afford the court costs

At the time of filing days after starting

There is no separate fee just to file an answer in South Carolina, but if you file a counterclaim or otherwise owe court costs and cannot pay them, file the Motion and Affidavit to Proceed In Forma Pauperis (form SCCA/405PC). Eligibility is based on your inability to pay the costs. Filing the motion lets you proceed without paying while the court decides.

Appear at the hearing or move to set aside a default if you missed the deadline

As set by the court days after starting

Calendar every date the court sets, including the Magistrates Court trial date, the eviction show-cause appearance within 10 days, and any Circuit Court hearing. If your default was already entered, you can move to set aside the entry of default for good cause under S.C. R. Civ. P. 55(c), or a default judgment under Rule 60(b) within a reasonable time and not more than one year. Attorney review is available as an option before you file if your case involves a short eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.

Frequently Asked Questions

An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough knowledge or information to admit or deny, and then states your affirmative defenses. South Carolina has no mandatory statewide answer form for the Circuit Court, so you type the answer on standard pleading paper with the court, parties, and case number in the caption under S.C. R. Civ. P. 10(a). In the Magistrates Court you may use form SCCA/703 or state your answer orally to be reduced to writing.

File your written answer with the clerk of the court named in the summons within 30 calendar days of service under S.C. R. Civ. P. 12(a), and serve a copy on the plaintiff or the plaintiff's attorney with a certificate of service under Rule 5(b). There is no separate fee to file an answer in South Carolina. Attorneys must file electronically in the Circuit and Family Courts, while self-represented litigants may file on paper by mail or in person.

Under S.C. R. Civ. P. 55(a), once you fail to plead or otherwise defend and that fact is made to appear, the clerk shall enter your default, and the court can then enter a default judgment. You can ask the court to set aside the entry of default for good cause under Rule 55(c), or to set aside a default judgment under Rule 60(b) for mistake, inadvertence, surprise, or excusable neglect. A Rule 60(b) motion on those grounds must be made within a reasonable time, and not more than one year after the judgment was entered, so act quickly.

Often yes. Parties commonly agree in writing to extend the response deadline, and you can ask the court for more time under S.C. R. Civ. P. 6(b). Filing certain pre-answer motions under Rule 12(b), such as a motion challenging jurisdiction or service, can also change when your answer is due until the court rules. Get any extension in writing or on the record, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file your response.

There is no separate fee just to file an answer in South Carolina, but if you file a counterclaim or otherwise owe court costs and cannot pay them, you can ask the court to waive them. The request is made on the Motion and Affidavit to Proceed In Forma Pauperis (form SCCA/405PC), and eligibility is based on your inability to pay the costs. Filing the motion lets you proceed without paying while the court decides.

Yes. Insufficiency of process and insufficiency of service of process are defenses you can raise by a pre-answer motion under S.C. R. Civ. P. 12(b), or in your answer. If service did not follow the rules, you can challenge whether the court has jurisdiction over you, and the time to answer may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring the summons still risks an entry of default and a default judgment under Rule 55(a).

Common affirmative defenses in South Carolina include statute of limitations, statute of frauds, payment, release, accord and satisfaction, fraud, duress, waiver, laches, res judicata, illegality, and discharge in bankruptcy. To assert your own claim against the plaintiff, you file a counterclaim under S.C. R. Civ. P. 13: a compulsory counterclaim that arises out of the same transaction or occurrence must be stated, while a permissive counterclaim may be stated. Plead the defenses and counterclaims that fit your facts in your answer.

Respond the same way as any civil complaint: file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the three-year statute of limitations for an action on a written contract under S.C. Code Ann. § 15-3-530(1), and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.

A party served with a divorce or other family complaint in the Family Court generally has 30 days to file an answer under S.C. R. Civ. P. 12(a), which the Family Court rules supplement but do not shorten. You file your response with the clerk of the Family Court named in the summons. Missing the 30-day window can let the case proceed by default and let the court decide property, support, and custody issues without your input.

South Carolina uses a pre-answer motion under S.C. R. Civ. P. 12(b) rather than a separate federal-style procedure. You can move to dismiss for defenses such as lack of jurisdiction over the person, improper venue, insufficiency of process or service of process, or failure to state facts sufficient to constitute a cause of action under Rule 12(b)(6). The motion is generally filed within the same 30-day window that applies to an answer, and if the court denies it you then file your answer within the time the rule allows.

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How to Dispute a Bill in South Carolina (2026)

How to Break a Lease in South Carolina Legally (2026)

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