Filing a small claims case in South Carolina means using South Carolina's own forms and following its court's procedure. This guide covers the core documents a typical case uses, the claim limit, and where to get the official South Carolina forms — without paying for something your court provides free.
The short version: file your claim in Magistrate Court (civil/small claims), serve the defendant, and prepare your evidence for the hearing. You can claim up to $7,500. Get the official forms free from South Carolina Judicial Branch - Magistrate Court forms.
What Forms Do You Need in South Carolina?
Form names and numbers differ by state, but a South Carolina small claims case generally uses the same core documents:
📄 Summons and Complaint, form SCCA/701
The document that opens your case — it names the parties, the amount you're claiming, and the basis of the claim. Get the current version from South Carolina Judicial Branch - Magistrate Court forms.
📬 Serving the defendant
Statewide numbered form SCCA/701 exists; served by sheriff, deputy, or magistrate's constable (proof of service by certificate)
💵 Fee waiver
No single statewide numbered IFP form; file a motion to proceed in forma pauperis with an affidavit of inability to pay under Rule 3, SCRCP Ask the clerk for the current fee-waiver form.
⚖️ Default judgment
If the defendant is properly served but doesn't respond or appear, you can ask the court to enter a judgment in your favor by default.
Where to Get Official South Carolina Forms
South Carolina small claims forms are free from the official sources below. Always use the current official version, and confirm any local (county/court) variations before you file.
- South Carolina court forms — South Carolina Judicial Branch - Magistrate Court forms
- Official source — sccourts.org
- Official source — sccourts.org
- Your local courthouse or clerk — the clerk can provide the current forms and tell you which ones your court requires.
South Carolina Small Claims Limit & Fees
| Item | Detail |
|---|---|
| Court | Magistrate Court (civil/small claims) |
| Claim limit | $7,500 |
| Filing fee | Set by statewide magistrate/municipal fee memorandum (Attachment K schedule); exact amount not confirmed here |
| Fee waiver | No single statewide numbered IFP form; file a motion to proceed in forma pauperis with an affidavit of inability to pay under Rule 3, SCRCP |
Amount in controversy not exceeding $7,500 Limits and fees change over time and can vary by county — confirm the current figures with your South Carolina court before you file.
South Carolina Small Claims Forms: FAQ
❓ What forms do I need to file a small claims case in South Carolina?
A South Carolina small claims case is filed in Magistrate Court (civil/small claims). You generally need a claim/complaint form to open the case, a way to serve the defendant with proof of service, and — if you can't afford the fee — a fee-waiver form. Form names and numbers are set by the court, so download the current official versions from South Carolina Judicial Branch - Magistrate Court forms before you file.
❓ How much can you sue for in South Carolina small claims court?
In South Carolina you can claim up to $7,500. If your claim is larger, you can usually reduce it to the limit to stay in small claims or file in a higher court instead.
❓ Where do I get official South Carolina small claims forms?
From your state court — South Carolina's judiciary publishes the official forms, and the Magistrate Court (civil/small claims) clerk can provide the current versions and tell you which ones your court requires. Court-issued forms are free; you only pay the filing fee.
❓ Do you need a lawyer for small claims court in South Carolina?
No. Small claims court is designed for people to represent themselves without an attorney, and South Carolina is no exception. The forms and procedure are simplified so you can file, serve, and present your own case.
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Start My Claim — $19This page is general information, not legal advice. South Carolina small claims forms, fees, and limits change over time and can vary by county — always use the current official forms and verify requirements with your court before you file.