Small claims in South Carolina
The court
- Magistrate Court
- The magistrate court in the county where the other side lives or does business, or where the dispute happened.
The most you can claim
| Claiming as | Most you can claim | Rule |
|---|---|---|
| An individual | $7,500 | S.C. Code §22-3-10 |
| A business | $7,500 | S.C. Code §22-3-10 |
| A public agency | $7,500 | S.C. Code §22-3-10 |
What it costs to file
The fee runs from $80 to $80, set by the size of the claim.
S.C. Judicial Branch, Attachment K to the magistrate and municipal court fee memorandum · Filing a summons and complaint in magistrate court costs $80 in every county. That is a $45 filing fee, a $10 service fee, and a $25 statutory assessment.
How long you have
The shortest window in this state is 3 years from the day the payment was missed or the agreement was broken.
S.C. Code §15-3-530(1), (4) · A claim based on an agreement, written or spoken, and a claim for damage to your property must each be filed within three years.
Also worth knowing
- A claim for damages against a state agency, county, city, or school district has a shorter window: two years from when the loss was or should have been discovered, or three years if a verified claim was filed with that body first. S.C. Code §15-78-110
Does small claims fit your dispute in South Carolina?
Pick what it is about. The next screens ask the amount and the dates. Nothing is saved, and no account is needed.
The detail
- The limit
The limit is the most the court can award on one claim. It depends on who is claiming, and in some states on which court hears it.
- What it costs
The court charges this when you hand in the claim. It is separate from the amount you are claiming.
- How long you have
Every kind of claim has its own window, counted from the day the clock started. Miss it and the court usually cannot hear the claim.
Common questions
- How much can you claim in small claims court in South Carolina?
- An individual can claim up to $7,500. A business can claim up to $7,500. A public agency can claim up to $7,500. That comes from S.C. Code §22-3-10.
- What does it cost to file a small claims claim in South Carolina?
- $80 for a claim up to $7,500. That comes from S.C. Judicial Branch, Attachment K to the magistrate and municipal court fee memorandum.
- How long do you have to bring a small claims claim in South Carolina?
- The shortest window is 3 years, counted from the day the payment was missed or the agreement was broken, under S.C. Code §15-3-530(1), (4). Other kinds of claim run longer; the time-limit page lists each one.
- Do you have to ask for the money before filing in South Carolina?
- No, South Carolina does not require it, per S.C. Judicial Branch, Frequently Asked Questions in Magistrates Court. Sending a demand letter first is still the usual first step, and it is often what gets the money paid.
- Which court handles small claims in South Carolina?
- Magistrate Court. The magistrate court in the county where the other side lives or does business, or where the dispute happened.
Verify with your court
Numbers change, and a court can post its own variation. Open South Carolina's small claims page and confirm anything you are about to rely on.
Open the court's small claims pageVerified on 2026-09-05, sources:
Verified on 2026-09-05, sources: Rules effective from 2025-07-01.
- S.C. Code §22-3-10 · effective 2004-03-05 · A magistrate court can hear a money claim of up to $7,500. Larger claims go to the circuit court.
- S.C. Judicial Branch, Attachment K to the magistrate and municipal court fee memorandum · effective 2025-07-01 · Filing a summons and complaint in magistrate court costs $80 in every county. That is a $45 filing fee, a $10 service fee, and a $25 statutory assessment.
- S.C. Code §15-3-530(1), (4) · effective 2001-08-31 · A claim based on an agreement, written or spoken, and a claim for damage to your property must each be filed within three years.
- S.C. Judicial Branch, Frequently Asked Questions in Magistrates Court · effective 2010-01-01 · South Carolina does not require a written demand before filing in magistrate court. Asking first is still the usual first step.
- S.C. Code §15-78-110 · effective 1988-07-01 · A claim for damages against a state agency, county, city, or school district must be started within two years of when the loss was or should have been discovered, or within three years if a verified claim was filed with that body first.
FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.