Small Claims Court in Charleston County

In Charleston County, SC small claims cases are typically filed in the Magistrate Court. Charleston County has two Magistrate Courthouses that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Charleston Court System.

Small Claims Court

If you believe that you or your property have been harmed or damaged, and the amount involved is $7,500 or less, you can file a civil lawsuit in the magistrates' court. The filing fee is $80.00, which includes the cost of serving the lawsuit. If there is more than one defendant with a different address within Charleston County, there's an additional $10.00 fee per defendant.

Cases Handled

The Small Claims Court deals with a range of issues, including:

• Disputes between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged property
• Debt collection matters
• Auto repair issues
• Poor construction work
• Defective products
• Breaches of contract or verbal agreements

File a Small Claim

You need to submit two copies of the complaint and any related documents. At least one party involved must reside in Charleston County. Be sure to provide the court with the defendant's full legal name and street address—PO Box numbers aren’t acceptable. If you’re filing against a business, check whether it’s incorporated or privately owned. For a privately owned business, list the owner's full legal name. If it’s incorporated, include the name and address of the registered agent, which you can get from the Secretary of State. If you’re suing to collect a debt, attach duplicate copies of the account statement, invoices, or promissory note to prove the amount owed, and have your signature notarized.

After Filing a Claim

When you file a complaint in Small Claims Court, the court will issue a summons to the defendant, requiring them to respond within 30 days of being served. The defendant must provide a written answer, and if they need help, a clerk at the Small Claims Office is available to assist. If the defendant has a related claim against you, they can file a written counterclaim at the same time they submit their answer.

If the defendant doesn’t respond within 30 days, the court may enter a default judgment against them. If the defendant does respond, the court will schedule a bench trial. Both parties must bring any witnesses and evidence needed to support their cases. Note that written, notarized statements from witnesses cannot be used as evidence—a witness must appear in court to testify. If you need to subpoena a witness, there is an $8.00 fee per subpoena. Also, the court does not provide a court reporter, so you will need to make arrangements if you require one.

Defendant

If you are sued and don’t respond within 30 days, the Magistrate’s Court will issue a Default Judgment against you. This means the plaintiff will automatically win the lawsuit and be entitled to the money or relief they requested in their complaint.

If a Default Judgment is entered against you:

• Notification: You will be informed that you have lost the lawsuit.
• Payment Order: The court may order you to pay the amount claimed by the plaintiff.
• Payment Terms: You might have to pay the full amount either as a lump sum or in installments. If installments are allowed, you can make smaller payments over time.
• Failure to Pay Installments: If you miss an installment payment, the court may require you to pay the entire remaining balance immediately, rather than continuing with smaller payments.
• Legal Consequences: Not paying the judgment can have serious legal consequences, including damaging your credit.

Counterclaim

A Counterclaim is a document that the defendant files in response to the lawsuit you initiated against them. By filing a Counterclaim, the defendant is essentially making their own claim against you. Here's how the process works:

• Filing: The defendant files the Counterclaim in the same court where your original lawsuit was filed.
• Notification: After the Counterclaim is filed, the court will send you a copy, outlining the defendant's claims against you.
• Response: Once you receive the Counterclaim, you typically have an opportunity to respond, just as the defendant had the chance to respond to your original claim. It's crucial to respond to a Counterclaim within the timeframe set by the court to ensure your side of the case is considered.

If a Counterclaim is filed against you, here's what you need to do:

• File a Reply: You must file a reply to the Counterclaim within 30 days of receiving it. The 30-day period begins the day after you receive the Counterclaim. For example, if you receive the Counterclaim on a Monday, your 30 days start counting from Tuesday.
• Special Rule for Small Claims: If the Counterclaim is for $25 or less, you have only five days to respond.
• Prepare for Trial: You'll need to attend the trial to present your side of the case and defend against the Counterclaim. Make sure to gather any evidence and prepare your arguments ahead of time.

Handling a Counterclaim

Handling a Counterclaim quickly and effectively is key to making sure your side of the case is properly represented in court. If the defendant files a Counterclaim against you, here’s what you should do:

• File a Reply: You need to respond to the Counterclaim within 30 days of receiving it. The 30-day countdown starts the day after you receive the Counterclaim. For example, if you get the Counterclaim on a Monday, your 30-day period begins on Tuesday.
• Special Rule for Small Claims: If the Counterclaim is for $25 or less, you have just five days to respond.
• Prepare for Trial: You must attend the trial to present your case and defend against the Counterclaim. Make sure to gather any necessary evidence and prepare your arguments.

Addressing the Counterclaim promptly and effectively is essential to ensuring that your case is fairly heard and considered by the court.

Trial Notification

• Court Notice: The Magistrate’s Court will send you a written notice with the trial date and location. Ensure your address on file is up to date.
• Check Court Docs: Trial details might also be on court documents or online portals.
• Contact the Court: If unsure, contact the court clerk to confirm your trial details.

If You Can’t Attend

• Contact the Court ASAP: Request a reschedule as soon as you know you can’t attend, providing a valid reason.
• Submit in Writing: Often, you’ll need to submit a written request to the court.
• Limited Rescheduling: Typically, you can only reschedule once, so make sure your reason is strong.

Consequences of Missing a Trial After a Counterclaim

• Your Claims Dismissed: The court may dismiss your original claims.
• Default Judgment: The defendant could win their Counterclaim and be awarded damages.
• Legal and Financial Impact: Failing to appear can lead to financial penalties and affect future legal matters.
• Possible Reopening: You might be able to reopen the case if you can show a valid reason for missing the trial, but this is difficult and requires solid proof.

Trial Overview

Here’s a general outline of what happens during a trial:

• Appearance: Both parties (Plaintiff and Defendant) appear before the Magistrate Judge in court.
• Opening Statements: Each side has the chance to outline their case and what they plan to prove.
• Presentation of Evidence: Both parties present their evidence and call witnesses. This can include documents, physical evidence, and witness testimony.
• Cross-Examination: Each side can question the other side’s witnesses to challenge their testimony.
• Closing Arguments: After all evidence is presented, each side summarizes their case and highlights key points.
• Judge’s Decision: The Magistrate Judge will make a decision based on the evidence. In a jury trial, the jury will deliberate and reach a verdict.
• Judgment: The judge or jury will issue a judgment or verdict, resolving the dispute and determining any remedies or damages.

For the Plaintiff

• Present Your Case: Start by explaining your claims and position.
• Witness Examination: Question witnesses who support your claims to strengthen your case.
• Submit Evidence: Present admissible documents or items supporting your claims.
• Cross-Examine the Defendant: Challenge the Defendant’s position through questioning.
• Relaxed Rules: If neither party has an attorney, the Magistrate Judge may ease some procedural rules.

For the Defendant

• Present Your Position: Explain your side and any counterclaims.
• Witness Examination: Question witnesses who support your position.
• Submit Evidence: Present relevant and admissible documents or items.
• Cross-Examine the Plaintiff: Challenge the Plaintiff’s assertions through questioning.
• Relaxed Rules: The Magistrate Judge may relax some procedural rules if neither party has an attorney.
• Testimony Under Oath: All testimony is under oath; providing false information can lead to perjury charges.

For Witnesses

• Calling Witnesses: Request witnesses who support your case to testify.
• Subpoenas: If a witness refuses to attend, ask the court for a subpoena, which legally compels their appearance.
• Fees: Pay the court fee for issuing the subpoena and provide a witness fee for their time. Plan and manage these aspects to ensure your case is well-supported by evidence and testimony.

Jury Trial

Either party can request a jury trial, but it must be done in writing at least five business days before the hearing. Once a judgment is made, a transcript of the judgment will be issued along with specific instructions on how to enforce it. The judgment can be recorded right away at the Clerk of Courts Office.

If the judgment is not paid, you can file an Execution Against Property Order with the Charleston County Sheriff's Office 30 days after the judgment notice. The Sheriff's Office will then determine if any of the defendant's property can be seized and sold at public auction to satisfy the debt. The recorded judgment is valid and enforceable for ten years. Once the judgment is paid off, the plaintiff must inform the Clerk of Courts Office so that the judgment can be officially removed.

If you want to request a new trial, you must submit a written motion to the court within five days after receiving notice of the judgment. To file an appeal, you have 30 days from the notice of judgment to do so in writing. There is a filing fee, and the appeal must be filed with the Court of Common Pleas. Additionally, the notice of appeal must be personally served to both this court and the opposing party.

Requesting a Jury Trial

To request a jury trial, follow these steps:

• Submit a Written Request: You must file a written request with the Magistrate’s Court at least five working days before your original court date.
• Mediation: In some cases, you may need to participate in mediation before your jury trial. Mediation involves a neutral party helping both sides reach a settlement. If mediation resolves the case, you might avoid a trial. If not, the jury trial will proceed.
• Check Eligibility: Not all cases qualify for a jury trial. Verify with local rules and procedures to see if your case is eligible.

Understanding and following these steps is crucial to ensure your request for a jury trial is properly processed.

Enforce Judgment

To enforce a judgment, you'll need to take the following steps:

1. File the Transcript of Judgment: Bring your transcript of judgment to the Clerk of Court. You'll also need to complete an execution form, which can be filled out by you or your attorney. The clerk will sign and seal the execution.
2. Wait for the Appeal Period: Since judgments from lower courts can be appealed within 30 days, you must wait for this period to pass before proceeding with enforcement.
3. Execution of Judgment: After the 30-day waiting period, take your transcript of judgment and the signed execution form to the County Sheriff's office. The Sheriff will then carry out the execution against the debtor's property.

Final Judgment

Here’s what you can do if you’re not satisfied with the final decision:

• Motion for a New Trial: File this motion within five days of receiving the judgment notice. It requests the court to reconsider and potentially hold a new trial.
• Appeal: You can appeal the decision to the circuit court. An appeal asks a higher court to review the case for any legal errors.
• Filing the Appeal: Submit your appeal to the county courthouse through the clerk of court. Be aware that there is typically a fee for filing.

Considerations

• Complexity: Both options involve specific procedures and deadlines. Consulting an attorney is often advisable to ensure correct filing and adherence to deadlines. Choose the option that best fits your situation and the reasons for your disagreement with the judgment.

Appeal

How to Appeal a Judgment

To appeal a judgment from Magistrate’s Court:

1. File a Notice of Appeal:
   • With the Clerk of Circuit Court: Submit the notice to the clerk of the circuit court in the county where the Magistrate’s Court is located.
   • To the Magistrate: Send a copy to the Magistrate who heard your case.
   • To Your Opponent: Notify the opposing party of your appeal.
2. Timing: Ensure all notices are sent within 30 days from receiving the judgment notice.
3. Fees and Forms: Check for any fees associated with filing and make sure to complete and submit any required forms accurately.
4. Consultation: It’s advisable to consult with an attorney to navigate the appeals process and ensure compliance with deadlines.

Appeal Process

• Judge Review: The circuit court judge reviews the record and legal arguments from the Magistrate’s Court.
• No Jury: Appeals are decided by the judge, not a jury.
• Focus on Legal Errors: The appeal examines whether there were legal errors in the original trial, not the factual evidence or witness credibility.

Ensure you follow these steps carefully to have your appeal considered.

Let Squabble Help You With Your Small Claim at Charleston County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Charleston County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

Small Claims Court

City of Charleston
101 Meeting Street, 3rd Floor
Charleston, SC 29401
(843)724-6720
https://www.charlestoncounty.org/

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 12:00 noon to 1:00 p.m. - 4:30 p.m., except court holidays.

Small Claims Court, North Area

Lonnie Hamilton, III Public Service Building
4045 Bridge View Drive, 1st Floor, Ste B146
North Charleston, SC 29405
(843)202-6650
https://www.charlestoncounty.org/departments/magistrates-summary-courts/summons-complaint.php

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.