South Carolina Small Claims Court

Owed money in South Carolina? Here's the dollar limit, the court that hears it, what filing costs — and a free demand letter to send first, which resolves many disputes without a case. Free, no signup.

Reflects current South Carolina rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

South Carolina small claims · as of 2026

Maximum claim: $7,500
Court: Magistrates Court (commonly called small claims court)
Filing fee: About $80 total in most counties (e.g., Beaufort County Magistrate: $80 including a $10 service fee, +$10 per additional defendant). The statutory base is $45 for summons and judgment under S.C. Code § 8-21-1010(A)(6), with county-collected surcharges making up the difference.
Lawyers at the hearing: Yes — attorneys are allowed at the hearing; official complaint forms are signed by 'Plaintiff or Attorney'. Businesses may alternatively appear through a non-lawyer using the court's Authorization for Non-Lawyer Representative form.

Source: S.C. Code Ann. § 22-3-10 (jurisdiction); § 8-21-1010 (fees) · verify ↗. Limits and fees change — confirm with the Magistrates Court (commonly called small claims court) clerk before filing.

Need the document itself?

Fill in a South Carolina small claims and download a print-ready PDF — free, no signup, and it runs entirely in your browser.

Open the generator →

The generator opens with South Carolina already selected.

How to file in South Carolina — the short version

Demand first. Send the letter above by a trackable method and keep proof — judges expect it, and it often gets you paid without a case.
File with the Magistrates Court (commonly called small claims court) where the defendant lives or the dispute happened. Fee: About $80 total in most counties (e.g., Beaufort County Magistrate: $80 including a $10 service fee, +$10 per additional defendant). The statutory base is $45 for summons and judgment under S.C. Code § 8-21-1010(A)(6), with county-collected surcharges making up the difference..
Serve the defendant the way South Carolina rules require (clerk, sheriff, certified mail, or process server — ask the clerk). Bad service is the #1 way cases get thrown out.
Bring evidence: contracts, invoices, photos, messages, this demand letter and its delivery proof, and any witnesses.
Collect. If you win and they don't pay, ask the clerk about garnishment, levy, and liens.

Check the current South Carolina small claims rules before filing.

Frequently asked questions

How much can I sue for in South Carolina small claims court?

The limit is $7,500 (as of 2026). Single statewide cap (exclusive of interest and costs) for magistrates' civil jurisdiction, unchanged since 2004 Act No. 180; no plaintiff-type splits or county variations in the limit itself, though each county's magistrate office administers filings. Source: S.C. Code Ann. § 22-3-10 (jurisdiction); § 8-21-1010 (fees). If you're owed more, you can sue in the regular civil court instead — or waive the excess and stay in small claims, which is usually faster and cheaper.

Where do I file?

In South Carolina, small claims cases are heard by the Magistrates Court (commonly called small claims court), generally in the county (or district) where the defendant lives or where the dispute happened. Filing fee: About $80 total in most counties (e.g., Beaufort County Magistrate: $80 including a $10 service fee, +$10 per additional defendant). The statutory base is $45 for summons and judgment under S.C. Code § 8-21-1010(A)(6), with county-collected surcharges making up the difference.. Check the exact venue rule when you file — filing in the wrong place gets cases dismissed.

Can I bring a lawyer?

In South Carolina: Yes — attorneys are allowed at the hearing; official complaint forms are signed by 'Plaintiff or Attorney'. Businesses may alternatively appear through a non-lawyer using the court's Authorization for Non-Lawyer Representative form.. Either way, small claims procedure is deliberately informal — you present your story, your documents, and your witnesses directly to the judge.

What happens if I win but they don't pay?

A judgment isn't a check — if the defendant doesn't pay voluntarily, you enforce it: wage garnishment, bank levy, or property liens, depending on South Carolina law. The court clerk can point you to the forms. Judgments also accrue interest and stay enforceable for years, so a stubborn debtor doesn't run out the clock quickly.

How does South Carolina compare? See the small claims limits in all 50 states, every figure cited to statute.

How South Carolina compares

Computed from our 51-jurisdiction dataset (as of 2026). Source for South Carolina: S.C. Code Ann. § 22-3-10 (jurisdiction); § 8-21-1010 (fees) ↗.

Small claims limit

Small claims limit: $7,500 — below the national median of $10,000 across the 51 states with a statutory rule.

Ranked #29 of 51 states (tied with 2) — higher means larger disputes can use the small claims process.

2 other states use the same figure.

Small claims limit in neighboring states — Georgia ($15,000), North Carolina ($10,000). South Carolina's $7,500 is the shortest among its neighbors.

The rest of what South Carolina requires

The figures below are South Carolina's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full South Carolina page for that document.

Security deposit cap · as of 2026: No statutory limit S.C. Code §27-40-410 ↗
Deposit return deadline · as of 2026: 30 days after move-out S.C. Code §27-40-410 ↗
Notice to end a month-to-month tenancy · as of 2026: 30 days S.C. Code §27-40-410 ↗
Notice for unpaid rent · as of 2026: 5 days to pay or quit S.C. Code § 27-40-710; § 27-40-770 ↗
Notice to cure a lease violation · as of 2026: 14 days S.C. Code § 27-40-710; § 27-40-770 ↗
Rental application fee · as of July 2026: No statutory limit South Carolina Code ↗
Bill of sale notarization · as of 2026: Not required South Carolina SCDMV (Form 4031) ↗
Power of attorney signing · as of 2026: Notarization required · 2 witnesses S.C. Code §62-8-105 ↗
LLC operating agreement · as of 2026: Not required by statute, but it controls over the default rules S.C. Code Ann. § 33-44-103 ↗
Recording a deed · as of 2026: Register of Deeds (in some counties the Clerk of Court performs the register's recording duties) — S.C. Code § 30-5-30 / Title 30 · 2 witnesses S.C. Code §§ 27-7-10, 30-5-30 ↗

Small claims guide in other states

More South Carolina legal forms

Different state? See small claims rules by state →