How long do you have to file a lawsuit in South Carolina?

In most cases, you have 3 years to file suit against a non-governmental defendant. Please note that you only have 2 years to file a suit against a governmental defendant such as a county hospital, local police department, or government official.

What is the statute of limitations for small claims court in South Carolina?

For South Carolina, the deadline for small claims in most situations is typically three years. However, it's best to confirm that deadline with your small claims court or consult a Pawleys Island lawyer before filing the lawsuit.

Do you need a lawyer for small claims court SC?

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.

Are lawyers allowed in small claims court in South Carolina?

Can an attorney represent a small claims claimant in South Carolina Magistrates Court? Lawyers can appear on behalf of small claims plaintiffs or claimants.

How do I collect a small claims Judgement in SC?

You must execute the judgment. A document called a writ of execution must be prepared, attested to by the clerk of court, and delivered to the sheriff. This gives the sheriff the power to take possession of any non-exempt personal property and, if necessary, real property.

How much does it cost to take someone to small claims court in South Carolina?

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.

How long do you have to take someone to small claims court in South Carolina?

What Do I Do If Someone Has Filed a Small Claims Court Case Against Me? If you've received a Small Claims Court Complaint against you, then you have thirty (30) days to answer the complaint (if the value of the claim is $25 or less, then you have five (5) days to answer).

What is a SC-150 form?

If you have not served the Defendant you can request an SC-150 Postponement free of charge. If you have served the Defendant or you are the Defendant you can request a Postponement and pay a $10 fee. The Request for Postponement should be filed at least 10 days prior to your court hearing.

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