File Small Claims Online in South Carolina Court

What Is The Small Claims Court in South Carolina?

In South Carolina, the Small Claims Court is a special court designed to help individuals resolve small disputes with other individuals or businesses without the need for an attorney or a lengthy court process. The court is intended to handle cases involving claims of $7,500 or less. The Small Claims Court provides an efficient, inexpensive, and relatively informal way for people to settle disputes. The court has simplified rules and procedures and allows parties to present their cases in front of a judge without the need for an attorney. The judge will listen to both sides of the case, review any evidence presented, and make a decision based on the law and the facts of the case.

Who Can File or Defend A Small Claim in South Carolina?

In South Carolina, individuals, corporations, partnerships, and other entities can file or defend a small claim. However, it's important to note that only natural persons (individuals) can represent themselves in Small Claims Court. If a corporation or other entity wishes to file a claim, they must be represented by an attorney. To file a small claim in South Carolina, you must be at least 18 years old and have a valid legal claim against the defendant. The claim must also be filed in the county where the defendant resides or where the dispute occurred. To defend a small claim in South Carolina, you must be served with a copy of the complaint and a summons to appear in court. You must then appear in court on the scheduled date and present your defense. If you fail to appear, the court may enter a default judgment against you.

Where Do You File A Small Claims Case in South Carolina?

In South Carolina, small claims cases are filed in the Magistrate's Court in the county where the defendant resides or where the dispute occurred. Each county in South Carolina has at least one Magistrate's Court, which is a lower court that handles small claims cases, traffic violations, and other minor offenses. To file a small claims case in South Carolina, you will need to visit the Magistrate's Court in the appropriate county and fill out a small claims complaint form. You will need to provide the court with the name and address of the defendant, a description of the claim and the amount of money you are seeking, and any supporting documents or evidence. You will also need to pay a filing fee, which varies depending on the amount of your claim. The fee is typically a few hundred dollars or less, but it's important to check with the court for the exact amount.

If you’re the defendant what should you do after you receive the statement of claim in South Carolina?

If you are the defendant in a small claims case in South Carolina and you receive a statement of claim from the plaintiff, there are several important steps you should take:

• Read the Statement of Claim: Carefully review the statement of claim and any accompanying documents. Make sure you understand the nature of the claim and the amount of money being sought by the plaintiff.
• Respond to the Claim: You must respond to the claim within 30 days of receiving it. You can either admit to the claim, deny the claim, or file a counterclaim against the plaintiff. You can do this by filling out the appropriate form and filing it with the Magistrate's Court.
• Prepare Your Defense: If you deny the claim, you will need to prepare your defense. Gather any relevant documents or evidence that support your position and be prepared to present them in court.
• Attend the Hearing: If you do not admit to the claim or settle the case before the hearing, you will need to attend the hearing in court. Be on time and dress appropriately. Present your defense to the judge and answer any questions that are asked of you.
• Follow the Judgment: If the judge rules against you, you will need to pay the judgment or make arrangements to do so. If you cannot pay the judgment, the court may take steps to collect the money from you, such as garnishing your wages or seizing your property.

It's important to take the claim seriously and respond in a timely manner. Failing to respond or appear in court can result in a default judgment being entered against you.

What if you owe all or part of the plaintiff's claim in South Carolina?

If you owe all or part of the plaintiff's claim in a small claims case in South Carolina, there are several options available to you:

• Pay the Claim: If you agree that you owe the plaintiff all or part of their claim, you can choose to pay the amount owed. You can do this directly to the plaintiff or to the court.
• Negotiate a Settlement: If you cannot afford to pay the full amount owed, you may be able to negotiate a settlement with the plaintiff. This may involve agreeing to pay a smaller amount in exchange for the plaintiff dropping the case.
• Attend the Hearing: If you cannot come to a settlement agreement with the plaintiff, you will need to attend the hearing in court. You can present your defense and any evidence you have to support your position.
• Set up a Payment Plan: If the court rules against you and you cannot afford to pay the full amount owed, you may be able to set up a payment plan. This will allow you to pay the judgment over time in installments.

What If The Plaintiff Owes You Money in South Carolina?

If the plaintiff owes you money in a small claims case in South Carolina, you can file a counterclaim against the plaintiff. A counterclaim is a claim that you file against the plaintiff in response to their claim against you. To file a counterclaim, you will need to fill out the appropriate form and file it with the Magistrate's Court. The counterclaim must be related to the same transaction or event that is the subject of the plaintiff's claim, and it must be within the jurisdiction of the court. At the hearing, you will have an opportunity to present your counterclaim and any evidence or documents that support it. The plaintiff will then have an opportunity to respond to your counterclaim.

Forms That You May Need For Small Claims Court in South Carolina

If you are involved in a small claims case in South Carolina, you may need to fill out and file the following forms:

• Statement of Claim: This is the form that the plaintiff uses to initiate the case. It includes information about the nature of the claim, the amount being sought, and the names and addresses of the parties involved.
• Answer and/or Counterclaim: This is the form that the defendant uses to respond to the plaintiff's claim. It includes information about the defendant's position on the claim, any defenses they may have, and any counterclaims they may have against the plaintiff.
• Notice of Hearing: This is the form that the court uses to notify the parties of the date, time, and location of the hearing.
• Motion for Continuance: This is the form that either party can use to request a postponement of the hearing if they have a valid reason for doing so.
• Judgment: This is the form that the court uses to enter a judgment in the case. It includes information about the amount of the judgment, who owes it, and any payment terms or deadlines.
• What to Do With Statement of Small Claims in South Carolina?
• If you receive a Statement of Small Claims in South Carolina, there are several things you should do:
• Determine Your Deadline to Respond: You will have a certain amount of time to respond to the claim. The deadline to respond will be stated on the Statement of Small Claims. It is important to respond within the required timeframe to avoid a default judgment being entered against you.
• Decide How to Respond: You have several options for responding to the claim, including admitting to the claim, denying the claim, or filing a counterclaim against the plaintiff. Consider consulting with an attorney to help you determine the best course of action.
• Prepare and File Your Response: Fill out the appropriate form to respond to the claim, which may include an Answer and/or Counterclaim form. File your response with the Magistrate's Court in the county where the case was filed.
• Attend the Hearing: If you do not reach a settlement with the plaintiff, you will need to attend the hearing. This is an opportunity to present your defense and any evidence you have to support your position.

What Can You Do If You Disagree with the Court’s Judgment in South Carolina?

If you disagree with the judgment entered by the court in a small claims case in South Carolina, you have the right to appeal the decision. Here's what you need to know:

• Timeframe: You have 30 days from the date of the judgment to file an appeal.
• File a Notice of Appeal: To appeal the judgment, you must file a Notice of Appeal with the Magistrate's Court in the county where the case was heard. 
• Posting a Bond: In South Carolina, if you are the appellant, you may be required to post a bond to cover the cost of the appeal. The amount of the bond is usually equal to the judgment amount, plus court costs and interest.
• Appeal Hearing: After you file the Notice of Appeal, the case will be transferred to the Circuit Court for a new trial. At the appeal hearing, both parties will have the opportunity to present their case again, and the judge will make a new decision based on the evidence presented.
• Final Decision: The decision of the Circuit Court is final and cannot be appealed further.

Appealing a judgment can be a complex process, so it's a good idea to consult with an attorney if you are considering an appeal. An attorney can help you determine whether you have grounds for an appeal, assist with the preparation of the necessary documents, and represent you in court if necessary.