Small Claims Court in Greenville County

In Greenville County, SC small claims cases are typically filed in the Magistrate Court. Greenville County has 7 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 Greenville Court System.

Small Claims Court

At Greenville County, SC the Magistrate’s Court is a court where you can file a civil lawsuit under the following circumstances:

• You believe you or your property has been harmed or damaged.
• The value of the harm or damage is $7,500 or less.
• You have a dispute with a landlord or tenant.
• You need a restraining order to protect yourself from harassment or stalking.

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

If you believe you or your property has been harmed, need a restraining order, or have a landlord/tenant dispute, you can file a lawsuit in Magistrate’s Court. Here’s how to do it:

1. Determine the Appropriate County: Identify the county where the person or company you’re suing lives or does business. Your lawsuit must be filed in that county. You can find the contact information for Magistrate’s Court in the “County Government” section of your phone book or online at www.sccourts.org/magistratecourt/magistratemap.cfm.
2. Explain Your Claim: Describe to the Magistrate’s Court what happened and why you believe you have a claim. You can provide this explanation in writing or verbally.
3. Identify the Parties: Clearly state who you believe caused the injury or damage. This could be an individual, multiple individuals, or an organization. Ensure that every party named is related to the injury or damage you are claiming.
4. Attach Supporting Documents: Decide if you want to include any documents or papers that support your claim. If you have any questions about this, you can ask the Magistrate’s Court personnel for guidance.
5. Pay the Filing Fee: When you file your Complaint, you’ll need to pay a filing fee. The fee amount varies depending on the type of action you are filing.

How will you know if you have been sued

If you’ve been sued in Magistrate’s Court, you'll receive a document called a Complaint. This document is a brief written statement from the person suing you, known as the Plaintiff. The Plaintiff files the Complaint with the Magistrate’s Court, which then sends it to you. As the recipient of the Complaint, you are referred to as the Defendant.

What should you do?

If you receive a Complaint, here’s what you can do to defend yourself:

• Respond to the Complaint: Explain your position to the Magistrate’s Court, either in writing or orally. The court office can guide you on the procedure and help with preparing any necessary documents if required.
• Meet the Deadline: You must explain your position within 30 days of receiving the Complaint. Count 30 days starting the day after you receive it. For example, if you get the Complaint on a Monday, the 30-day period starts on Tuesday.
• File a Counterclaim: If you believe you have a claim against the Plaintiff related to their claims against you, you can present your counterclaim to the Magistrate’s Court, either in writing or orally.
• Understand the Limits: Claims in Magistrate’s Court are limited to $7,500 or less. If your counterclaim exceeds this amount, you must agree to limit it to $7,500 if you want to bring it in Magistrate’s Court. You cannot later sue the Plaintiff for the amount over $7,500.

Defendant

If you are sued and choose not to 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 they will be entitled to the money or relief they sought in their Complaint. If the Magistrate’s Court enters a Default Judgment against you:

• Notification: You will be notified that you have lost the lawsuit.
• Payment Order: The court may order you to pay the amount claimed by the Plaintiff.
• Payment Terms: You may be required to pay the total amount either as a lump sum or in installments. If the court allows installment payments, you will make smaller payments over time.
• Failure to Pay Installments: If you miss an installment payment, the court may require the full judgment amount to be paid immediately, instead of continuing with smaller payments.
• Legal Consequences: Failure to pay the judgment can have legal repercussions, such as negatively impacting your credit.

Counterclaim

A Counterclaim is a document filed by the defendant in response to the lawsuit you've initiated against them. It essentially means that the defendant is asserting their own claim against you. Here's a brief rundown of the process:

1. Filing: The defendant files a Counterclaim with the court where your original lawsuit was filed.
2. Notification: Once the Counterclaim is filed, the court will send a copy of it to you. This document will detail the defendant's claims against you.
3. Response: After receiving the Counterclaim, you'll typically have the opportunity to respond to it, just as the defendant had the chance to respond to your original claim.

It’s important to respond to a Counterclaim within the timeframe specified by the court to ensure that your side of the case is heard.

If the defendant files a Counterclaim against you, here's a summary of what to do:

1. File a Reply: You need to file a reply to the Counterclaim within 30 days of receiving it. Remember, the 30-day period starts the day after you receive the Counterclaim, not the day of receipt. For instance, if you get the Counterclaim on a Monday, count 30 days from Tuesday.
2. Special Rule for Small Claims: If the Counterclaim is valued at $25 or less, you have a shorter period of five days to respond.
3. Prepare for Trial: You will also need to attend the trial to present your side of the case and defend against the Counterclaim. Be sure to gather any evidence and prepare your arguments.

Handling a Counterclaim

Handling a Counterclaim promptly and effectively is crucial to ensuring that your side is properly represented and considered by the court. If the defendant files a Counterclaim against you, here's a summary of what to do:

1. File a Reply: You need to file a reply to the Counterclaim within 30 days of receiving it. Remember, the 30-day period starts the day after you receive the Counterclaim, not the day of receipt. For instance, if you get the Counterclaim on a Monday, count 30 days from Tuesday.
2. Special Rule for Small Claims: If the Counterclaim is valued at $25 or less, you have a shorter period of five days to respond.
3. Prepare for Trial: You will also need to attend the trial to present your side of the case and defend against the Counterclaim. Be sure to gather any evidence and prepare your arguments.

Handling a Counterclaim promptly and effectively is crucial to ensuring that your side is properly represented and considered by the court.

Notify for your Trial

Here’s a summary of how you can find out where and when to attend your trial:

1. Court Notification: The Magistrate’s Court will send you a written notice of the trial date and location. This notification will be sent to the address you have on file with the court.
2. Keep Your Address Updated: It's essential to keep the court informed of your current mailing address to ensure you receive all correspondence and notifications regarding your case.
3. Check Court Documents: Sometimes, trial dates and locations can also be found on official court documents or through online court case portals if available.
4. Contact the Court: If you have any doubts or haven’t received your notice, you can contact the court clerk’s office to confirm the details of your trial.

If you know you won't be able to attend the trial on the scheduled date, here’s what you should do:

1. **Contact the Court:**As soon as you realize that you won’t be able to make it, contact the Magistrate’s Court. Explain your situation and request a rescheduling or continuance of the trial.
2. Provide a Valid Reason: You need to have an important and valid reason for not being able to attend, such as a medical emergency, a pre-existing commitment that cannot be changed, or any other significant issue.
3. Submit a Request in Writing: Often, you will need to submit a written request or motion to the court detailing your reason for needing a new trial date.
4. Follow Court Procedures: Make sure to follow any specific procedures or deadlines set by the court for requesting a reschedule.
5. Prepare for Limited Rescheduling: Note that you usually can only request to reschedule once, so be sure your reason is compelling and well-documented.
6. Attend the Rescheduled Trial: If your request is granted, make sure to attend the rescheduled trial and keep track of any new dates or requirements provided by the court.

If you fail to appear at trial after a Defendant has filed a Counterclaim against you, here’s what typically happens:

1. Dismissal of Your Claims: The Magistrate’s Court will likely dismiss your original claims against the Defendant. This means you won’t win the lawsuit you initiated.
2. Default Judgment for the Defendant: The court may rule in favor of the Defendant on their Counterclaim. This means the Defendant could win their claim and be awarded any damages or relief they sought.
3. Financial and Legal Consequences: If the Defendant is awarded damages, you may be required to pay them. Additionally, failing to appear can have legal and financial repercussions, and it may affect your credibility in future legal matters.
4. Opportunity to Reopen: In some cases, you might be able to request to reopen the case if you have a valid reason for missing the trial and can demonstrate good cause. However, this is typically more challenging and may require showing substantial evidence and following specific procedures.

Can’t Appear to your Trial

If neither the Plaintiff nor the Defendant appears for trial, here’s what typically happens:

1. Dismissal of Claims: The Magistrate’s Court will dismiss all claims that were filed. This means that the lawsuit is essentially nullified.
2. No Resolution: Since neither party is present to argue their case, neither the Plaintiff nor the Defendant will win or receive any relief. The court will not make any decisions or awards in the case.
3. Case Closure: Once the claims are dismissed, the lawsuit is considered closed, and the court will not pursue any further action on it.

In some cases, either party might have the opportunity to request the case be reopened or rescheduled, but this would generally require showing valid reasons for their absence and following specific court procedures.

Jury Trial

You can request a jury trial, but there are specific steps you need to follow:

1. Written Request: You must submit a written request for a jury trial to the Magistrate’s Court at least five working days before the original court date.
2. Mediation: In some jurisdictions or cases, you might be required to participate in a mediation program before your jury trial is scheduled. Mediation is a process where a neutral party helps the Plaintiff and Defendant try to reach a settlement outside of court.
3. Trial Setting: If mediation is required, it typically happens before the jury trial is set. If mediation is successful, the case may be resolved without going to trial. If mediation does not resolve the dispute, a jury trial will be scheduled.
4. Eligibility and Procedures: Not all cases may qualify for a jury trial depending on the jurisdiction and the nature of the case. Be sure to check local rules and procedures for specific requirements.

Requesting a jury trial can be a significant step, so it’s important to understand the process and follow all necessary procedures to ensure your request is properly considered.

Trial

At trial, here’s a general overview of what happens:

1. Appearance: Both you (the Plaintiff) and your opponent (the Defendant) will appear before the Magistrate Judge in the courtroom.
2. Opening Statements: Both parties may have the opportunity to make opening statements. This is where each side outlines their case and what they intend to prove.
3. Presentation of Evidence: Each party will present their evidence and call witnesses to support their claims or defenses. This can include documents, physical evidence, and testimony from witnesses.
4. Cross-Examination: Each party has the opportunity to cross-examine the other side’s witnesses. This means you can question the witnesses brought by the opposing side to challenge their testimony or credibility.
5. Closing Arguments: After all evidence has been presented, both parties will make closing arguments. This is where each side summarizes their case and highlights the key points that support their position.
6. Judge’s Decision: The Magistrate Judge will then make a decision based on the evidence and arguments presented. In a bench trial (one without a jury), the judge will issue a ruling. In a jury trial, the jury will deliberate and reach a verdict.
7. Judgment: The judge or jury will issue a judgment or verdict, which resolves the dispute and determines any remedies or damages awarded.

Throughout the trial, it’s important to adhere to courtroom procedures and present your case clearly and effectively.

Plaintiff

1. Present Your Case: You will start by explaining your claims and position to the Magistrate Judge.
2. Witness Examination: You can ask questions to any witnesses who support your position. These questions aim to strengthen your case.
3. Submit Evidence: You can present any documents or items that support your claims, as long as they are admissible in court.
4. Cross-Examine the Defendant: You may also question the Defendant about matters related to your claims to challenge their position or clarify points.
5. Relaxed Rules: If neither party has an attorney, the Magistrate Judge might relax certain procedural rules to ensure that both sides can present their case effectively.

Make sure to prepare thoroughly, including organizing your evidence and planning your questions, to present a clear and persuasive case.

Defendant

1. Present Your Position: After the Plaintiff presents their claims, you will explain your own position and any counterclaims you might have.
2. Witness Examination: You can question any witnesses who support your position to strengthen your case.
3. Submit Evidence: You can present any relevant documents or items to support your position, provided they are admissible.
4. Cross-Examine the Plaintiff: You may ask the Plaintiff questions related to your position and any counterclaims to challenge their assertions or clarify details.
5. Relaxed Rules: If neither party has an attorney, the Magistrate Judge might relax procedural rules to help ensure that both sides can effectively present their case.
6. Testimony Under Oath: All statements made by the Plaintiff, Defendant, and witnesses will be under oath. Providing false testimony can lead to charges of perjury.
7. Decision and Verdict: After all the evidence and arguments are presented, either the Magistrate Judge or the jury will review the information and decide the outcome of the case. The verdict, which is the official decision, will be announced to both parties in the courtroom.

Witnesses

1. Calling Witnesses: You can request anyone who has information supporting your case to come to trial as a witness. They will answer questions posed by you, the opposing party, and the Magistrate Judge.
2. Subpoenas: If a person you want as a witness refuses to attend, you can ask the Magistrate’s Court to issue a subpoena. A subpoena is a legal document that compels a person to appear in court.
3. Fees: You will need to pay a fee to the court for issuing the subpoena, and you may also be required to cover a witness fee to compensate them for their time and attendance.
4. Witness Attendance: Properly handling subpoenas and fees ensures that necessary witnesses are present to provide testimony and support your case.

Make sure to plan ahead and manage these logistical aspects to ensure that your case is well-supported by the appropriate evidence and testimony.

The Judgment

If you disagree with the final decision (the judgment), here’s what you can do:

1. Motion for a New Trial: You can file a motion for a new trial within five days from receiving notice of the judgment. This motion asks the court to reconsider the case and potentially hold a new trial.
2. Appeal: Instead of or in addition to filing a motion for a new trial, you may appeal the decision to the circuit court. An appeal requests a higher court to review the case and determine whether there were any legal errors in the original trial.
   • Filing the Appeal: The appeal must be filed at the county courthouse with the clerk of court. Be aware that there is usually a fee for filing an appeal.
3. Considerations: Filing for a new trial or an appeal can be complex and may involve legal procedures and deadlines. It’s often advisable to consult with an attorney to ensure that your filing is done correctly and within the required timeframe.

Each option has its own process and requirements, so choosing the right path depends on the specifics of your case and the reasons you disagree with the judgment.

Appeal

To appeal a judgment from Magistrate’s Court, follow these steps:

1. File a Notice of Appeal:
   • With the Clerk of Circuit Court: Send a Notice of Appeal to the clerk of the circuit court in the county where the Magistrate’s Court is located.
   • To the Magistrate: Send a Notice of Appeal to the Magistrate who heard your case.
   • To Your Opponent: Send a Notice of Appeal to the opposing party in the case.
2. Timing: All Notices of Appeal must be sent within 30 days from the date you receive notice of the judgment.
3. Fees and Forms: Be aware that there may be fees associated with filing an appeal. Additionally, ensure you complete and submit any required forms accurately.
4. Consultation: It’s often a good idea to consult with an attorney to navigate the appeals process, meet deadlines, and prepare your case for review.

Filing an appeal involves careful attention to detail and deadlines, so make sure you follow these steps precisely to ensure your appeal is considered.

If you appeal a case from Magistrate’s Court, the appeal will be heard by a circuit court judge, not a jury. Here’s a brief overview of the appeal process:

1. Judge Review: The circuit court judge reviews the record from the Magistrate’s Court and considers the legal arguments presented in the appeal.
2. No Jury: Appeals in this context are not tried by a jury. The judge will make a decision based on the legal issues raised in the appeal.
3. Focus on Legal Errors: The appeal typically focuses on whether there were any legal errors made during the original trial rather than re-evaluating factual evidence or witness credibility.

While you will not have a jury trial during the appeal, the circuit court judge will review the case to ensure that the law was applied correctly.

Let Squabble Help You With Your Small Claim at Greenville County

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Courthouse Locations:

1. Bond Court

   LEC Room 116-A
   4 McGee St.
   Greenville, SC 29601
   (864) 467-2402
   https://www.greenvillecounty.org/MagistrateCourts/BondCourt.aspx

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

2. Fairview – Austin Summary Court

   205 N. Maple Street
   Suite 4
   Simpsonville, SC 29681
   (864) 963-3457
   https://www.greenvillecounty.org/MagistrateCourts/FairviewAustin.aspx

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

3. Gantt Summary Court

   1103 White Horse Rd.
   Greenville, SC 29605
   (864) 467-8825 Office
   (864) 467-8830 Office
   https://www.greenvillecounty.org/MagistrateCourts/Gantt.aspx

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

4. East Greenville Summary Court

   320 West Main Street
   Taylors, SC 29687
   (864) 467-4625 Office
   (864) 244-6232 Fax
   https://www.greenvillecounty.org/MagistrateCourts/EastGreenville.aspx

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

5. North Greenville Summary Court

   301 Trailblazer Drive
   Travelers Rest, SC 29690
   (864) 467-8600 Office
   (864) 467-8430 Fax
   https://www.greenvillecounty.org/MagistrateCourts/NGSC.aspx

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

6. South Greenville Summary Court

   8150 Augusta Road
   Piedmont, SC 29673-8610
   864.277.9555 Office
   https://www.greenvillecounty.org/MagistrateCourts/SouthGreenville.aspx

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

7. West Greenville Summary Court

   301 University Ridge
   Suite S-T600
   Greenville, SC 29601
   864.467.4640 Office
   864.467.4644 Fax
   https://www.greenvillecounty.org/MagistrateCourts/WestGreenville.aspx

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.