South Carolina Small Claims Court Guide

South Carolina Quick Facts

How to File in South Carolina Magistrate's Court

South Carolina uses the Magistrate's Court system for small claims — every county has at least one. The process is informal and designed for self-represented parties. What makes South Carolina stand out is the combination of no deposit cap and a powerful 3× penalty for wrongful withholding. If your landlord kept a large deposit without justification, the potential recovery can be substantial.

1. Organize your evidenceCollect your lease, security deposit receipt, move-in and move-out photos, your demand letter with proof of mailing, and all landlord communications. Since South Carolina has no deposit cap, your deposit amount could be significant — make sure you can prove exactly what you paid.
2. Find the correct Magistrate's CourtFile in the county where the rental property is located or where the landlord resides. Each county has multiple magistrate offices — contact the county clerk or check the South Carolina Judicial Branch website for locations and hours.
3. File your complaintComplete the Magistrate's Court civil complaint form. State the amount you're claiming — include the deposit amount plus the 3× penalty if your landlord acted in bad faith. Reference S.C. Code § 27-40-410 and describe the landlord's failure to return your deposit within 30 days.
4. Pay the filing fee & serve the landlordPay the filing fee ($40–$75 based on claim amount). The court will issue a summons. Service is typically handled by the county sheriff or a process server. Make sure service is completed and the proof of service is filed with the court.
5. Present your case at trialHearings are generally scheduled within 30–60 days. The magistrate conducts an informal trial. Present your evidence in order, explain the 30-day deadline, and clearly state why you're entitled to the 3× penalty. Bring originals of all documents and organized copies for the court.

South Carolina Filing Fees

South Carolina's filing fees are tiered by claim amount. Claims up to $2,500 cost $40. Claims from $2,500 to $5,000 cost $55. Claims over $5,000 (up to the $7,500 limit) cost $75. Sheriff service fees are additional, typically $30–$50 per defendant.

If you cannot afford the filing fee, you can request a fee waiver by filing an affidavit of indigency with the court. If you win, the court can order the landlord to reimburse your filing fees and award attorney fees under S.C. Code § 27-40-410.

What You Can Sue For

• Security deposits — Landlord failed to return your deposit within 30 days or made bad faith deductions under S.C. Code § 27-40-410 (up to 3× penalty + attorney fees)
• Lease violations — Landlord breached the rental agreement by failing to make repairs, provide essential services, or honor lease terms
• Property damage — Damage to your personal belongings caused by the landlord's negligence or failure to maintain the property
• Breach of contract — Any civil dispute involving money owed under a contract, up to $7,500

Frequently Asked Questions