If you have a dispute worth $7,500 or less — a security deposit your landlord won’t return, a contractor who took your money and disappeared, a car repair that made things worse — South Carolina’s small claims court exists specifically for situations like yours.

No lawyer required. No complicated legal filings. Just show up with your evidence and tell your story to a judge.

Here’s exactly what you need to know.

The Short Answer

South Carolina small claims court (Magistrate’s Court) handles civil disputes up to $7,500. The limit is $7,500 in Magistrate’s Court. Filing costs approximately $80–$100 depending on your claim amount. Most cases are resolved within 30–90 days.

South Carolina Small Claims Court Limit

The limit is $7,500 in Magistrate’s Court.

This limit covers the total amount of money you’re asking for — not including court filing fees, which you can usually recover if you win.

If your claim is worth more than $7,500, you have two options:

Reduce your claim to fit within the limit (you give up the rest permanently)
File in a higher court (small claims or municipal civil court, depending on your county) — this usually means higher fees and a more formal process

How Much Does It Cost to File?

Filing fees in South Carolina range from approximately $80–$100 depending on the amount you’re claiming. You pay this fee when you file. If you win, you can ask the court to order the defendant to reimburse your filing fee.

If you cannot afford the filing fee, you may qualify for a fee waiver. Ask the clerk about an “affidavit of indigency” or “waiver of fees” form.

What Cases Can You Bring to Small Claims Court?

Magistrate’s Court in South Carolina handles:

Unpaid debts — money owed to you under a contract or agreement
Security deposit disputes — landlords who wrongfully withhold your deposit
Property damage — someone damaged your car, property, or belongings
Faulty goods or services — a contractor or business that didn’t deliver what was promised
Returned checks — you can usually add a statutory penalty on top of the check amount
Minor personal injury — small injury claims where the amount is within the limit

You cannot use small claims court for:

Divorces or custody disputes
Criminal matters
Claims above $7,500
Cases requiring injunctions (court orders to stop doing something)

Can You Have a Lawyer?

South Carolina’s Magistrate’s Court handles small claims. Attorneys are allowed. The court also handles landlord-tenant eviction cases. Hearings are scheduled within 30 days of filing in most counties.

Even where attorneys are allowed, most people represent themselves in small claims court. Judges are accustomed to non-lawyers and allow informal presentations. A well-organized binder of evidence often matters more than legal arguments.

How to File a Small Claims Case in South Carolina

Step 1: Confirm You’re in the Right Court

Make sure your claim is:

Worth $7,500 or less
A civil (money) dispute, not a criminal matter
Filed in the correct county (usually where the defendant lives or where the dispute occurred)

Step 2: Try to Resolve It First

Courts generally look favorably on plaintiffs who attempted to resolve the dispute before suing. Send the defendant a written demand letter giving them 14 days to pay or respond. Keep a copy. Send it via email (creates a timestamp) and certified mail (creates proof of delivery).

If you’ve already done this, proceed to Step 3.

Step 3: Complete the Court Forms

Visit your local Magistrate’s Court or download forms from their website. You’ll fill out a complaint form that asks for:

Your name and contact information (plaintiff)
The defendant’s full legal name and address
The amount you’re claiming
A brief description of why you’re owed this amount

Bring supporting documents: contracts, receipts, photos, text messages, emails, and anything else that supports your claim.

Step 4: File and Pay the Filing Fee

Submit your completed forms to the court clerk and pay the filing fee ($80–$100). The clerk will stamp your forms and assign you a case number and hearing date.

Step 5: Serve the Defendant

The defendant must be officially notified of the lawsuit. In most cases, the court handles this by certified mail. If certified mail fails, you may need to arrange for personal service by a process server or sheriff. Keep your proof of service — the case may be dismissed if the defendant wasn’t properly served.

Step 6: Prepare Your Case

Organize your evidence chronologically. Bring:

Original documents (the court may keep copies)
Photos or videos relevant to the dispute
Written communications (texts, emails, letters)
Witness testimony (witnesses must appear in person — written statements are often not accepted)
Receipts and estimates for any claimed damages

Practice explaining your case clearly in 3–5 minutes. Focus on facts and amounts.

Step 7: Attend the Hearing

Arrive early. Dress professionally. When your case is called, address the judge as “Your Honor.” Present your evidence calmly and stick to the relevant facts. Let the judge guide the proceeding — small claims courts are informal by design.

Step 8: Collect Your Judgment

Winning in court is step one. If the defendant doesn’t pay voluntarily, you’ll need to enforce the judgment. Options typically include:

Wage garnishment — having the defendant’s employer deduct payments
Bank levy — seizing funds from the defendant’s bank account
Property lien — placing a lien on real property they own

Collection requires additional steps and sometimes additional court filings. The court clerk can explain the options available in South Carolina.

Key Statute

South Carolina’s small claims procedure is governed by S.C. Code Ann. § 22-3-10. You can verify the current rules at Magistrate’s Court.

Small Claims Court Guide: How to Sue and Win Without a Lawyer — the complete how-to guide for the small claims process
South Carolina Security Deposit Laws — security deposit disputes are one of the most common small claims cases
South Carolina Eviction Notice Requirements — understand the eviction process and your defenses in South Carolina
South Carolina Wage Theft Laws — South Carolina wage laws, overtime rights, and how to recover unpaid wages
South Carolina Tenant Rights Guide — complete tenant rights guide for South Carolina renters

This article is for informational purposes only and does not constitute legal advice. Court limits, fees, and procedures change — always verify current rules with your local court clerk before filing. Last reviewed: March 2026.

South Carolina Small Claims Court: $7,500 Limit, Fees & How to File (2026)