Small claims court in South Carolina (2026)
In South Carolina you can sue for up to $7,500 in small claims. Court: Magistrates Court (civil). Lawyers: allowed. Appeal: either side, 30 days. For a broken written agreement you generally have 3 years to sue. Last checked .
South Carolina small claims at a glance
- Most you can sue for
- $7,500
- Court
- Magistrates Court (civil)
- Filing fee
- $70
- Lawyers
- Allowed
- Appeal
- Either side, 30 days
- Ask for payment first
- Not required by law
Can you sue in South Carolina small claims?
Enter the amount and the date it happened. Nothing you type leaves your browser.
South Carolina small claims limit
$7,500
Enter the amount to compare it with the limit.
The rule: Up to $7,500 for contract claims for money and for damage to a person or to personal or real property. Magistrates cannot hear cases where title to real property is in question or (with a small penalty exception) where the State is a party. Larger claims go to circuit court.
Deadline to sue (general rule)
3 years for this kind of claim in South Carolina. Enter the date it happened to see the last day.
Three years for contracts (express or implied), damage to real or personal property, and personal injury.
Lawyers: Lawyers may represent either side.
Before you file: The magistrates court statutes, rules and Judicial Branch FAQ do not require a demand for payment before filing.
Appeal: Appeal to the circuit court of the county within 30 days after written notice of judgment is delivered; if the judgment is announced at trial in the party's presence, the 30 days run from then. The magistrate files a return with the record and testimony, and the circuit court decides on that record (it may affirm or reverse for errors of law or fact). The circuit court filing fee is $150. A motion for a new trial may instead be filed within 5 days.
Filing fee: Uniform statewide: $45 filing fee plus a $25 assessment on every summons and complaint ($70). The Judicial Branch's Attachment K schedule adds a $10 service fee, for a total of $80. Act No. 155 of 2026 raises these to a $65 filing fee, a $40 assessment and a $20 service fee starting January 1, 2027.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
All South Carolina small claims rules →Write a demand letter →
Where to file and how much
- Court. South Carolina has no separate small claims court; magistrates courts in each county hear civil claims of $7,500 or less. File in the county where at least one defendant lives or where most of the cause of action arose; a domestic corporation may also be sued where it has its principal place of business.
- Limit. Up to $7,500 for contract claims for money and for damage to a person or to personal or real property. Magistrates cannot hear cases where title to real property is in question or (with a small penalty exception) where the State is a party. Larger claims go to circuit court.
- Filing fee. Uniform statewide: $45 filing fee plus a $25 assessment on every summons and complaint ($70). The Judicial Branch's Attachment K schedule adds a $10 service fee, for a total of $80. Act No. 155 of 2026 raises these to a $65 filing fee, a $40 assessment and a $20 service fee starting January 1, 2027.
Who can sue and who can speak in court
- People may represent themselves or hire an attorney. A business may be represented by a non-lawyer officer, agent or employee with written authorization from its president, owner or other chief officer. The rules do not bar assignees.
- Before you file. The magistrates court statutes, rules and Judicial Branch FAQ do not require a demand for payment before filing.
- Jury and moving the case. Either party may have a jury trial in magistrates court by asking in writing at least 5 working days before the original trial date. An appeal to circuit court is heard by a judge, without a jury.
How long you have to sue in South Carolina
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Three years for contracts (express or implied), damage to real or personal property, and personal injury.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 3 years |
| Oral (spoken) agreement | 3 years |
| Damage to property | 3 years |
| Personal injury | 3 years |
Law: S.C. Code § 15-3-530(1), (3)-(5)
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- Review of the record (no new trial)
- Deadline
- Appeal to the circuit court of the county within 30 days after written notice of judgment is delivered; if the judgment is announced at trial in the party's presence, the 30 days run from then. The magistrate files a return with the record and testimony, and the circuit court decides on that record (it may affirm or reverse for errors of law or fact). The circuit court filing fee is $150. A motion for a new trial may instead be filed within 5 days.
- Collecting the money
- To collect, the winner files the judgment with the circuit court clerk ($10 fee) and prepares an Execution of Judgment, signed by the clerk, so the sheriff can try to collect. A judgment entered on the book of abstracts is a lien on the debtor's real estate in that county for 10 years.
Good to know in South Carolina
- Fees rise on January 1, 2027 under Act No. 155 of 2026 (H. 4813): $65 filing fee + $40 assessment on a summons and complaint, and $20 for service.
- South Carolina's limits of 3 years apply to all four claim types listed.
- limit.effective: the code text does not state when the $7,500 limit took effect.
Official help and forms
- South Carolina courts: small claims self-help
- South Carolina small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- S.C. Code Title 22 Chapter 3 (magistrates' civil jurisdiction) (read October 18, 2026)
- S.C. Code Title 18 Chapter 7 (appeals from magistrates) (read October 18, 2026)
- S.C. Code Title 15 Chapter 3 (limitations, § 15-3-530) (read October 18, 2026)
- S.C. Code Title 15 Chapter 35 (judgment lien, § 15-35-810) (read October 18, 2026)
- S.C. Code Title 8 Chapter 21 (magistrate fees) (read October 18, 2026)
- S.C. Code Title 40 Chapter 5 (§ 40-5-80) (read October 18, 2026)
- H. 4813 / Act No. 155 of 2026 (magistrate fee increase, effective 2027-01-01) (read October 18, 2026)
- Attachment K - Mandatory Schedule of Civil Fees in Magistrates Court (Lexington County copy) (read October 18, 2026)
- SC Judicial Branch: FAQ in Magistrates Courts (read October 18, 2026)
- SC Magistrates Court Rule 4 (read October 18, 2026)
- SC Magistrates Court Rule 13 (read October 18, 2026)
- SC Magistrates Court Rule 18 (read October 18, 2026)
- SC Magistrates Court Rule 21 (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
More for South Carolina
- Pay & local taxTake-home pay calculator2026 paycheck after: federal income tax, Social Security, Medicare and South Carolina income tax
- BenefitsSNAP income limitsGross income limit: 130% of the federal poverty line
- BenefitsMedicaid & CHIP income limitsMedicaid: Not expanded; children up to 213% of poverty
- RentingSecurity depositsDeposit back within: 30 days (see details)
- RentingBreaking a leaseTenant notice (month-to-month): 30 days
- RentingEviction noticesUnpaid rent notice: 5 business days (pay or move out)
- RentingRepairsTime to repair: 14 days
- RentingRent increasesNotice before a rent increase: 7–30 days
- UnemploymentUnemployment benefitsWeekly benefit: $42–$350, up to 20 weeks
- Cost of livingChildcare costsCounties with prices: 46