South Carolina Small Claims Forms

South Carolina Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about South Carolina Small Claims Forms

  • Is suing someone worth it?

    Suing someone can be a significant decision, and its worth often depends on the specifics of your situation. Consider factors such as the amount at stake and the likelihood of a favorable outcome. Small claims court, especially with properly completed South Carolina Small Claims Forms, provides a more accessible option for individuals seeking resolution without the expense of traditional litigation. While it may require time and effort, successfully resolving your dispute could be very rewarding.

  • What percentage of people win in small claims court?

    Winning percentages in small claims court can vary widely depending on factors such as the quality of evidence and the clarity of your argument. Generally, individuals who present a well-prepared case, including complete South Carolina Small Claims Forms, tend to have better success rates. While there are no guarantees, being organized and confident significantly increases your chances of a favorable outcome. Stay focused on your arguments and evidence during the hearing.

  • What is the lowest amount for small claims court?

    The lowest amount for small claims court varies by state. In South Carolina, the minimum claim amount is typically $7, but this can change based on specific regulations or types of cases. It's essential to check the latest legal guidelines when preparing your South Carolina Small Claims Forms to ensure your claim meets the court's requirements. This will help you proceed confidently with your case.

  • Is it worth going to small claims court for $500?

    Deciding whether to go to small claims court for $500 depends on the complexity of your case and the likelihood of recovering the amount. Small claims court offers a relatively quick and affordable way to resolve disputes, but consider the time and effort involved. Filling out South Carolina Small Claims Forms can streamline the process, ensuring you present your case effectively. Ultimately, the potential to recover your funds can make it worth your while.

  • How do I present myself in small claims court?

    Presenting yourself in small claims court begins with knowing your case and gathering supporting documents. Make sure to complete your South Carolina Small Claims Forms correctly and arrive prepared with any evidence, witnesses, or testimonies you plan to present. Dress appropriately and speak clearly when presenting your case, as first impressions matter. Confidence and organization can greatly influence your case's outcome.

  • How to fill out a statement of claim form?

    Filling out a statement of claim form involves several clear steps. First, gather the necessary information about yourself, the defendant, and the details of your claim. You can find South Carolina Small Claims Forms online, often accompanied by helpful instructions. Lastly, make sure to review your completed form for accuracy before submitting it to the appropriate court.

  • What can you not sue for in small claims court?

    In small claims court, certain types of cases are not permitted. Typically, you cannot sue for claims involving libel, slander, or any matter exceeding the small claims limit—in South Carolina, that is $7,500. Additionally, personal injury cases and disputes involving landlord-tenant relationships usually fall outside this court’s jurisdiction. Therefore, familiarize yourself with the restrictions to ensure your claim is appropriate for use of South Carolina Small Claims Forms.

  • Is it worth getting a lawyer for small claims court?

    While hiring a lawyer is generally not required for small claims court, it can be beneficial in certain cases. If your case is complex or involves significant stakes, a legal professional might offer valuable guidance. However, many people successfully manage small claims cases using South Carolina Small Claims Forms without legal representation. Consider your comfort level with the legal process when making this decision.

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

    To take someone to small claims court in South Carolina, you first need to fill out the appropriate South Carolina Small Claims Forms. Then, file these forms with your local magistrate's office where the person you're suing lives or where the incident occurred. After filing, you will receive a court date, and it's crucial to gather your evidence and prepare for your hearing. This method streamlines the process, helping you navigate the legal system with confidence.

  • Is it worth taking someone to small claims court?

    Deciding whether to take someone to small claims court often depends on the amount at stake and the specifics of your situation. If your claim falls within the limits of South Carolina Small Claims Forms, pursuing this legal route can offer a straightforward means to get compensated. Remember, small claims court is designed to resolve disputes quickly and without the complexities of larger courts. However, weigh the potential outcomes and your willingness to engage in this process beforehand.