South Carolina Small Claims

What is Small Claims Court?

In South Carolina, a small claims lawsuit is filed in the magistrate court. It can provide a quick and inexpensive way of resolving many types of disputes you may have with particular individuals or companies. Small claims court can hear only lawsuits in the amount of $7,500 or less. More

Filing a Small Claims Suit

In South Carolina, the first step in filing a small claims lawsuit is obtaining and filling out the necessary forms consisting of a statement of claim and a notice. Once these forms are filed, they must be served in person or by mail to the defendant to provide adequate notice of the lawsuit. More

Small Claims Trials

In South Carolina, a small claims court may schedule a pretrial hearing before your trial. If the parties are unable to reach an agreement, they must appear for trial. At trial, both parties have the opportunity to speak to the magistrate and ask questions of each other and witnesses. More

Witnesses at a Small Claims Trial

Witnesses are people who come to court to tell what they've seen or heard. If you believe someone can provide essential information, but the person is unwilling to appear in court, ask the clerk of court to issue a witness subpoena compelling the person to appear. More

After Small Claims Court

After a judgment in a small claims trial, an unsatisfied party may file a motion for a new trial 5 days from the date of the judgment. The party may also appeal the judgment within 30 days to the circuit court. More

Collecting the Judgment

Obtaining a judgment against a party isn't the same thing as collecting that judgment. Post-judgment legal procedures are often required prior to any collection. In South Carolina, you have multiple options to collect the money that's owed to you. More

Alternatives to Small Claims Court

Mediation is an alternative to small claims court. It's an informal process in which the parties work out a solution to their problem with the help of a neutral person called the mediator. The process is designed to assist the parties in reaching a mutually acceptable and voluntary agreement. More

Related Resources on Lawyers.comsm

- Start the process with our South Carolina Small Claims Worksheet
- Next in the Small Claims series: Filing a Small Claims Suit in South Carolina
- Success In Small Claims Court
- Small Claims Court Terms
- Defending A Small Claims Case
- Visit our Small Claims Court Forum for more help.

Related Web Links

- South Carolina Magistrates Court Rules
- South Carolina Bar Association Magistrates Small Claims Court Guide
- Charleston County Magistrates Court - General Information

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