What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in South Carolina. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $7,500, but no limit in landlord-tenant cases.
Where Suit May Be Brought: Case may be brought where the defendant resides. Cases to recover personal property may be brought where the property is. A corporation is deemed to reside where it does business.
Proper Manner of Service of Process upon Defendant: Service may be made by certified or registered mail, sheriff, deputy, attorney in case or court-approved disinterested adult.
How the Hearing Date Is Selected: The hearing date is set by the court.
Attorney Representation Rule: Attorneys are allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant counterclaims for more than $7,500, the case may be tried under the docket of common pleas.
Availability of Appeals: Either litigant may appeal for a review of law, not a review of facts to Circuit Court within 30 days.
Special Rules and Notes: Jury trial is available. Defendant must answer within 20 days or lose by default. Cases for more than $100 against the state and real estate cases are not allowed.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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