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.
Maintained by the SealForms editorial team · 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.
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Demand for Payment
__________
From: __________
To: __________
This letter is a formal demand for payment of $______, owed to me for the following: __________ .
I have already attempted to resolve this: __________ . The amount remains unpaid.
If I do not receive full payment within ____ days of the date of this letter, I intend to file a claim against you in the South Carolina Magistrates Court (commonly called small claims court) without further notice. A judgment could add court costs and interest to the amount you owe, and may affect your credit.
I would prefer to resolve this without going to court. You can contact me at the address above to arrange payment.
Generated with SealFormsStep one before filing in South Carolina · 2026
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.
Do I have to send a demand letter first?
Send one even where it isn't strictly required: many judges expect proof that you asked for the money in writing before filing, some statutes require it, and in practice a firm dated letter with a deadline resolves a large share of disputes without a case. Use the free generator on this page and send it in a way you can prove (certified mail or another trackable method).
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.
Small claims guide in other states
More South Carolina legal forms
- South Carolina Bill of Sale
- South Carolina Residential Lease Agreement
- South Carolina Eviction Notice
- South Carolina Power of Attorney
- South Carolina Rental Application
- South Carolina Demand Letter
- South Carolina Security Deposit Demand Letter
- South Carolina Quitclaim Deed
- South Carolina LLC Operating Agreement
Different state? See small claims rules by state →