What is the maximum amount you can sue for in small claims court in South Carolina?

South Carolina's Magistrate Court limit is $7,500 under S.C. Code § 22-3-10. Claims above $7,500 must be filed in the Court of Common Pleas. The cap was raised from $5,000 to $7,500 effective 2010. Pending H.4813 in the 2025-2026 session would raise the cap further but had not been enacted as of May 2026.

Why is wage garnishment limited for consumer debt in South Carolina?

Under S.C. Code § 15-39-410, wage garnishment is limited to taxes, child support, and federal student loans. Consumer debt judgments from Magistrate Court cannot reach wages. The historical policy is to protect workers from creditor pressure. Winning a small claims judgment in South Carolina rarely produces wage garnishment, changing the collection calculus dramatically.

How much does it cost to file a small claims lawsuit in South Carolina?

Filing fees in Magistrate Court are typically $80 for claims up to $7,500 under S.C. Code § 22-3-310, plus a $40 service fee, for total upfront cost of $120. Indigent plaintiffs can file a Motion and Order for In Forma Pauperis (SCCA/410) to waive filing and service costs. Pending H.4813 would adjust these fees.

Can a business sue or be sued in South Carolina Magistrate Court?

Yes. Corporations, LLCs, partnerships, and other entities can sue or be sued in Magistrate Court subject to the $7,500 cap. Corporations must be represented by an attorney in most matters under South Carolina practice, though some debt collection plaintiffs use authorized representatives. Sole proprietors appear as natural persons at the same cap.

Can I appeal a Magistrate Court decision in South Carolina?

Yes. Either party can appeal a Magistrate Court judgment to the Court of Common Pleas under S.C. Code § 18-7-10. The Notice of Appeal must be filed within 30 days of the judgment. Appeals are on the trial record, not de novo, so the magistrate's findings carry weight. An appeal bond is typically required to stay collection during the appeal.

How long do I have to sue someone in South Carolina Magistrate Court?

South Carolina applies a uniform 3-year statute of limitations under S.C. Code § 15-3-530 for written contracts, oral contracts, property damage, and personal injury. This is among the shortest comprehensive SOL regimes in the country, comparable to North Carolina and Maryland. The clock starts on the date of breach or injury, not the date the loss was discovered.

Does South Carolina allow e-filing for small claims?

South Carolina's E-Flex e-filing system at sccourts.org is mandatory for represented parties in Magistrate Court and many other courts. Pro se litigants may file in person at the Magistrate Court clerk's office or, in some counties, use the E-Flex pro se portal. Check your county Magistrate Court website for current e-filing requirements.

How to File a Small Claims Lawsuit in South Carolina (2026)

Reviewed by DocDraft Legal Team · South Carolina · Last updated May 12, 2026

South Carolina Magistrate Court handles small claims up to $7,500 under S.C. Code § 22-3-10. Filing fees are typically $80, plus a $40 service fee. The statute of limitations is 3 years for written contracts and 3 years for personal injury.

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How do I file a small claims lawsuit in South Carolina?

File a Summons and Complaint at the Magistrate Court in the county where the defendant lives or where the cause of action arose under S.C. Code § 22-3-10. Pay the typical $80 filing fee plus $40 service fee under § 22-3-310. The sheriff or clerk handles service. Trial is usually scheduled within 30 to 60 days. The civil rules of evidence apply in part.

What forms do I need to file small claims in South Carolina?

The principal forms are the Summons (SCCA/704) and Complaint (SCCA/705), available on the South Carolina Judicial Department forms portal at sccourts.org. For the certified-mail service option, additional service forms apply. Fee waivers use form SCCA/410 (Motion and Order for Appointment of Counsel/In Forma Pauperis). All forms are listed under SCMCR Rule 4.

How is the defendant served in South Carolina Magistrate Court?

Under SCMCR Rule 4, service is by sheriff or certified mail with return receipt requested. Sheriff service is the most common method and typically costs $40. Certified mail with return receipt is available in many counties for a lower cost. The defendant must be served at least 30 days before the trial date for the case to proceed in Magistrate Court.

When is my South Carolina Magistrate Court hearing scheduled?

Trials in Magistrate Court are usually scheduled 30 to 60 days after filing, depending on county docket. The Summons sets the answer date, typically 30 days from service. If the defendant fails to answer or appear, the plaintiff can move for default judgment under SCMCR Rule 12. Most contested cases conclude in a single hearing of one to two hours.

South Carolina Magistrate Court at a glance

South Carolina is one of the few states where wage garnishment for consumer debt is essentially prohibited. S.C. Code § 15-39-410 limits garnishment to specific categories: taxes, child support, and federal student loans. Winning a small claims judgment in Magistrate Court rarely results in wage attachment, which changes the collection calculus dramatically. The uniform 3-year statute of limitations under § 15-3-530 applies broadly to contracts, property damage, and personal injury, among the shortest comprehensive SOL regimes in the United States, comparable to North Carolina and Maryland. Pending legislation H.4813 (2025-2026 session) would adjust Magistrate Court filing fees. Current fees are typically around $80 plus $40 service. South Carolina's prime-plus-4% post-judgment interest rate under § 34-31-20 is reset quarterly.

Filing cost example: $5,000 unpaid contract claim

Suppose a client owes you $5,000 on a written services contract. The statute of limitations for contract claims in South Carolina is just 3 years under S.C. Code § 15-3-530, so you must file within 3 years of the missed payment. Filing fee in Magistrate Court is $80 under § 22-3-310, plus a $40 sheriff service fee under SCMCR Rule 4, for total upfront cost of $120. The trial date typically falls 30 to 60 days after filing. After winning, post-judgment interest accrues at the prime plus 4% rate set quarterly by the SC Department of Revenue, approximately 11% in 2026. Wage garnishment is generally unavailable for consumer debt under § 15-39-410. If the defendant pays in 30 days, you collect $5,000 plus filing and service. If unpaid for 1 year, you are owed roughly $5,550.

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Promissory Note Billing Dispute Letter Wage Withholding Order

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Relevant Documents

Billing Dispute Letter

A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.

Promissory Note

This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.

Wage Withholding Order

This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.

Local Courthouses

Charleston County Magistrate Court (Central)

3855 Pinckney St, North Charleston, SC 29405

Greenville County Magistrate Court

305 E North St, Greenville, SC 29601

Richland County Magistrate Court (Columbia)

1701 Main St, Columbia, SC 29201

Lexington County Magistrate Court

139 E Main St, Lexington, SC 29072

Horry County Magistrate Court (Conway)

1301 2nd Ave, Conway, SC 29526

Relevant Laws

S.C. Code § 22-3-10 (Magistrate Court Jurisdiction)

Sets the $7,500 jurisdictional limit for civil actions in South Carolina Magistrate Court.

S.C. Code § 15-3-530 (General Statute of Limitations)

Sets the uniform 3-year limitations period for written contracts, oral contracts, property damage, and personal injury actions.

S.C. Code § 15-39-410 (Wage Garnishment Limits)

Limits wage garnishment in South Carolina to taxes, child support, and federal student loans. Consumer debt cannot reach wages.

S.C. Code § 34-31-20 (Post-Judgment Interest)

Sets the post-judgment interest rate at prime plus 4%, reset quarterly by the SC Department of Revenue.

South Carolina Judicial Department: Forms

Official South Carolina Judicial Department portal for Magistrate Court forms, fee waivers, court directory, and procedural guides.

Regional Variances

Statute of Limitations for Common Claims in South Carolina

Written contract

3 years (S.C. Code § 15-3-530(1))

Oral contract

3 years (S.C. Code § 15-3-530(1))

Property damage

3 years (S.C. Code § 15-3-530(3))

Personal injury

3 years (S.C. Code § 15-3-530(5))

Debt collection

3 years (S.C. Code § 15-3-530)

Suggested Compliance Checklist

Send a demand letter (recommended)

30 days before filing days after starting

Send a written demand by certified mail with return receipt. South Carolina does not require a demand letter, but Magistrate Court judges expect to see one. Keep a copy and proof of mailing.

Document: demand-letter

Watch the 3-year uniform SOL

Before filing days after starting

S.C. Code § 15-3-530 applies a 3-year SOL to written contracts, oral contracts, property damage, and personal injury. Among the shortest comprehensive SOL regimes in the United States.

Verify claim is within $7,500 Magistrate Court limit

Before filing days after starting

Confirm your claim is at or below $7,500 under S.C. Code § 22-3-10. If above, file in the Court of Common Pleas.

Consider wage garnishment limits before filing

Before filing days after starting

Wage garnishment for consumer debt is essentially prohibited under § 15-39-410. Judgments mostly collect through executions on personal property or real-property liens.

File Summons (SCCA/704) and Complaint (SCCA/705)

Within 3-year SOL days after starting

File at the Magistrate Court in the county where the defendant lives or where the cause of action arose. Use E-Flex if represented. Pay the $80 filing fee plus $40 service fee.

Serve the defendant under SCMCR Rule 4

At least 30 days before trial days after starting

Service by sheriff or certified mail with return receipt. File proof of service with the Magistrate Court before trial.

Attend the trial with all evidence

30 to 60 days after filing days after starting

Trials follow civil rules of evidence in part under SCMCR Rule 12. Attorneys permitted. Bring three copies of every document and all witnesses.

Collect the judgment

After 30-day appeal window closes days after starting

Use executions under S.C. Code § 15-39-10. Wage garnishment is largely unavailable. Post-judgment interest accrues at prime plus 4% under § 34-31-20.

Task	Description	Document	Days after starting
Send a demand letter (recommended)	Send a written demand by certified mail with return receipt. South Carolina does not require a demand letter, but Magistrate Court judges expect to see one. Keep a copy and proof of mailing.	demand-letter	30 days before filing
Watch the 3-year uniform SOL	S.C. Code § 15-3-530 applies a 3-year SOL to written contracts, oral contracts, property damage, and personal injury. Among the shortest comprehensive SOL regimes in the United States.	-	Before filing
Verify claim is within $7,500 Magistrate Court limit	Confirm your claim is at or below $7,500 under S.C. Code § 22-3-10. If above, file in the Court of Common Pleas.	-	Before filing
Consider wage garnishment limits before filing	Wage garnishment for consumer debt is essentially prohibited under § 15-39-410. Judgments mostly collect through executions on personal property or real-property liens.	-	Before filing
File Summons (SCCA/704) and Complaint (SCCA/705)	File at the Magistrate Court in the county where the defendant lives or where the cause of action arose. Use E-Flex if represented. Pay the $80 filing fee plus $40 service fee.	-	Within 3-year SOL
Serve the defendant under SCMCR Rule 4	Service by sheriff or certified mail with return receipt. File proof of service with the Magistrate Court before trial.	-	At least 30 days before trial
Attend the trial with all evidence	Trials follow civil rules of evidence in part under SCMCR Rule 12. Attorneys permitted. Bring three copies of every document and all witnesses.	-	30 to 60 days after filing
Collect the judgment	Use executions under S.C. Code § 15-39-10. Wage garnishment is largely unavailable. Post-judgment interest accrues at prime plus 4% under § 34-31-20.	-	After 30-day appeal window closes

Frequently Asked Questions

Other South Carolina guides

How to Dispute a Bill in South Carolina (2026)

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

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

South Carolina Notice to Vacate: 2026 Landlord Rules & 5-Day Rule

How to Hire a New Employee in South Carolina (2026)

How to File for Divorce in South Carolina (2026)

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