What Is a Small Claims Court in South Carolina?
The small claims court in South Carolina is otherwise called the "magistrate court." Generally, the court has jurisdiction over particular civil proceedings. Small claims proceedings involve lawsuits between private individuals or businesses who believe they suffered injuries or property damages due to another entity's actions. Such individuals cannot sue for an amount that exceeds $7500.
Compared to other South Carolina courts, the small claims court's procedures are more simplified, inexpensive, and cases are resolved faster. Per the rules of the court, claimants do not require a lawyer.
How Does the South Carolina Small Claims Court Work?
The small claims court in South Carolina hears civil claims of $7,500 or less. In this court, litigants can only sue someone for money. If a litigant wishes to increase the amount, they will have to move the case to a circuit court.
The South Carolina Rules of Magistrate Court govern the civil procedures in the court proceedings. These rules ensure the speedy and fair determination of civil matters in court.
Under these rules, individuals and business entities can file a lawsuit and be sued by another party. However, they must be at least eighteen years of age to file a lawsuit in the small claims court, and they may choose to represent themselves or hire an attorney.
Upon filing a small claim at the appropriate county court, the claimant becomes the plaintiff, and the sued individual or business entity becomes the defendant. Plaintiffs can generally request jury trials in the small claims court. Usually, they must communicate this preference to the court at least five days before the scheduled trial date. This date is set after the filing process is completed.
During the trial, both parties will present their case and any supporting material or evidence. At the end of the trial, the presiding judge will decide the case. Any party aggrieved by the decision can file an appeal for a new trial. This must occur no more than five days after receiving the judgment. Under Rule 18: Appeals, a case party can also file an appeal in the circuit court located in the same county as the small claims court. However, it must come within thirty days after the appellant receives the notice of judgment.
How to Take Someone to Small Claims Court in South Carolina
To take someone to a South Carolina small claims court, an individual can visit the magistrate court located where:
- A defendant resides
- A business operates or has an office
- A dispute occurred
Magistrate court locations can be obtained from the judicial branch's site.
At the appropriate court, the individual must obtain and file a complaint form and summons form. In the complaint form, the claimant must state the owed sum and the reason for the claim. It should also contain the claimant's and defendant's details. If there are any supporting documents, the claimant should attach them to the form. Once both forms are filled, the claimant must file them with the clerk and pay the filing fee.
Per the civil filing fees schedule, the claimant may pay a fee ranging from $80 to $90. Other miscellaneous court fees may apply. If a claimant cannot afford the fees, they can file a fee waiver alongside their complaint form.
After filing the claim, the court will issue a summons that the plaintiff must serve to the opposing party alongside other filed documents. Following the court rules, the acceptable methods for the service of process are as follows:
- The county sheriff's department
- Private process server
- Certified mail
- Newspaper publication
How Much Can You Sue For in South Carolina Small Claims Court?
Individuals who wish to file small claims actions in South Carolina must ensure that the claim does not exceed $7,500. Likewise, a defendant can only file a counterclaim if the amount is $7500 or less.
However, litigants can file their cases with the circuit court if the controversy is greater than $7,500.
How to Defend Yourself in South Carolina Small Claims Court
Generally, defendants can file an answer or a counterclaim upon being served. The answer may contain a written explanation that defends their position and could be done physically in court. However, this must occur within thirty days of the service.
Persons involved in a South Carolina small claims case can defend themselves by preparing their arguments for the trial. The small claims court also allows individuals to hire an attorney to represent them at the trial.
Parties who wish to represent themselves should ensure they collate evidence and facts that help their case. They can also bring witnesses to testify in court. Witnesses can answer questions from either party and the judge.
How Long Do You Have to Take Someone to Small Claims Court in South Carolina?
Generally, claimants have limited time to bring someone to a South Carolina small claims court. The statute of limitation laws prescribe the period within which an individual must bring a case to the court.
In South Carolina, residents with disputes involving personal injury, damage to properties, or contract disagreements must file a suit within three years of the event. Failure to sue within this time limit will void the individual's right to sue.
However, this period may be paused in certain circumstances. For instance, the statute of limitations for a personal injury case involving an underage plaintiff will only begin to count when the child turns eighteen.
What Happens If You Don't Show Up for Small Claims Court in South Carolina?
Generally, the party that fails to attend the trial proceedings of a South Carolina small claims court will have a default judgment issued against them. If a defendant does not show up, the court will grant the plaintiff's claim and notify them of the judgment. However, if a plaintiff fails to come to court, the court will dismiss the lawsuit. (If the defendant filed a counterclaim, the court might enter a default judgment against the plaintiff.)
If both the plaintiff and defendant do not show up for the trial, the magistrate judge will most likely dismiss all claims by both sides, and the lawsuit will cease to exist.
What are Small Claims Court Records in South Carolina?
Small claims court records in South Carolina refer to the information that the magistrate court collates from small claims cases. Generally, anyone can access such information or make copies for personal use. However, some records may be inaccessible to the public by law or court rule.
Small claims court records include court documents, details of case parties, the judgment collected, and witness statements.
Where Can I Find South Carolina Small Claims Court Records?
Generally, South Carolina court records are available at the courthouse where the case was filed and heard. Hence, small claims court records can be retrieved from the clerk custodian of the district court where the suit was filed.
To obtain a small claims record, individuals can visit the clerk's office or send a mail to the court. The clerk may require some case information and a search fee to provide such records.
