Complete Legal South Carolina Small Claims Forms For Free

The rule to show cause shall be served with the supporting affidavit or verified petition by personal delivery of a duly filed copy thereof to the responding party by the Sheriff, his deputy or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action.

The filing fee for a new case or action is $150.00. The filing fee for any additional written motion is $25.00 each. A motion is a formal request, usually in writing, asking a judge to issue an order or ruling in a lawsuit. What if I cannot afford to pay the $150.00 filing fee?

A one hundred and fifty dollar ($150.00) filing fee is due when a lawsuit is initially filed. At this time a case number will also be assigned.

You are not required to hire an attorney unless you so desire. Filing fees are determined by the county in which the claim is filed. Other fees may also be added for services such as delivering a copy of the complaint to the defendant or summoning a witness to trial plus mileage.

Simply go to your local magistrate's office, explain your claim to the magistrate (or the magistrate's clerk), pay a small filing fee, and the magistrate's office will help you fill out the paperwork and send it to the party that you are making a claim against.

Small Claims cases are disputes involving $7,500 or less (in money or value of property). Magistrates' Courts also handle Evictions, Pre-Distress Warrants, Claim and Delivery, Landlord/Tenant disputes, Public Sales on Abandoned Property, and issue restraining orders.