A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In South Carolina you can sue for up to $7,500 in the Magistrate Court (Summary Court), without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
South Carolina doesn't require a demand before filing, but asking for payment in writing first is a good idea. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
File with the magistrate court in the county where the defendant lives. Use a street address, not a P.O. box or route number.
Summons and Complaint (Magistrate Court). The court sets a trial after the defendant answers; timing depends on the county.
$80 to file a Summons and Complaint, which includes service by the court; extra defendants may cost more. Starting January 1, 2027, the total rises to about $125 under Act 155 of 2026. If you can't afford it, ask for a fee waiver: Ask the magistrate's office whether you can file without paying the fee..
The magistrate's office serves the summons and complaint for you; the service fee is part of the filing fee. After being served, the defendant has 30 days to file a written answer.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. Record the judgment with the Clerk of Court (about $35) to make it a lien for 10 years, then ask for an execution against property. South Carolina generally doesn't allow wage garnishment for ordinary debts.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Injury and fraud deadlines can start when the harm was discovered.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 3 years |
| Broken verbal agreement | 3 years |
| Damaged property | 3 years |
| Personal injury | 3 years |
| Fraud | 3 years |
| Libel or slander | 2 years |
| Claims against a government agency | Injury or damage claims against South Carolina government bodies must be filed in circuit court, not magistrate court, usually within 2 years. |
Yes. You can bring a lawyer or represent yourself. A business can send an authorized non-lawyer employee.
Magistrate Court hears civil claims up to $7,500. Businesses have the same limit. A counterclaim over $7,500 moves the case to the Court of Common Pleas. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
Either side can appeal within 30 days of notice of the judgment to the Court of Common Pleas. The appeal isn't a new trial; the higher court reviews what happened in magistrate court. A motion for a new trial is due within 5 days.
Ask the magistrate's office for an interpreter well before your hearing.