Small Claims Court in Lexington County

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

Small Claims Court

Claim and delivery is a legal process used to recover personal property that someone else currently has. Here's how it works, explained simply:

• The person starting the process (the plaintiff) is asking for their property back.
• The person holding the property (the defendant) is the one being taken to court.

Filing Your Case

1. Where to File: You must file in the court where the property is located. If it’s in Lexington County, you file there.
2. Filing Fee: There's a $65 fee to file your case.
3. Address Requirement: You need the defendant’s exact address—just a P.O. box isn’t enough.

Important Limits

• Property Value: If the property is worth more than $7,500, you’ll need to file in the Court of Common Pleas instead of a smaller court.
• Geographic Limits: Lexington County constables cannot deliver court papers outside the county.

Starting the Case

To begin, you’ll file an affidavit (a sworn statement) with the court. This affidavit must:

• Describe the property in detail.
• Include a vehicle identification number (VIN) if the property is a vehicle.

After filing, the court will give you a hearing date, typically 3–4 weeks later.

Serving the Defendant

A court constable will serve the defendant with:

1. A copy of your affidavit.
2. A summons with the hearing date.
3. A restraining order preventing the defendant from hiding, damaging, or selling the property.

If the defendant violates the restraining order, they could face contempt of court charges, which carry penalties.

Small Claims Court Handle

Small Claims Court is designed to resolve everyday disputes quickly and affordably. Here are the types of cases it typically handles:

• Tenant-Landlord Disputes: Issues like unpaid rent, security deposits, or property damage.
• Personal Injury Claims: Situations where someone is injured due to another person’s negligence, like in a minor car accident.
• Stolen Property: Claims to recover the value of items that were taken.
• Damaged Property: Cases involving property that has been destroyed or harmed, such as a broken phone or vandalized car.
• Debt Collection: When someone owes you money and hasn’t paid it back.
• Auto Repairs: Disputes over faulty or incomplete vehicle repairs.
• Construction Issues: Claims related to poor workmanship or unfinished projects.
• Defective Products: Seeking compensation for items that don’t work as promised.
• Breach of Contract: Disputes over written or verbal agreements that one party didn’t follow through on.

Important information to File

Here’s what you need to know when submitting a complaint in Charleston County:

1. Copies Required: Submit two copies of your complaint and any supporting documents.
2. Residency Requirement: At least one party involved in the case must live in Charleston County.
3. Defendant Information: Provide the defendant's full legal name and a street address—P.O. boxes are not acceptable.
4. Filing Against a Business:
   • For a privately owned business: List the owner's full legal name.
   • For an incorporated business: Include the name and address of the registered agent, which you can find through the Secretary of State's office.
5. Debt Collection Cases: If your case involves collecting a debt:
   • Attach duplicate copies of documents proving the debt (e.g., account statements, invoices, or promissory notes).
   • Have your signature notarized to confirm its authenticity.

After Filing a Claim

When you file a complaint in Small Claims Court, here’s what happens next:

1. The Summons:
   • The court issues a summons to the defendant, giving them 30 days from the date they’re served to respond.
2. The Defendant’s Response:
   • The defendant must file a written answer with the court.
   • If they need help, the Small Claims Office clerk can assist them.
   • If the defendant has a related claim against you, they can file a counterclaim at the same time as their answer.
3. What if They Don’t Respond?
   • If the defendant doesn’t respond within 30 days, the court may issue a default judgment in your favor.
4. If They Do Respond:
   • The court will schedule a bench trial (a trial without a jury).
   • Both sides should come prepared with all witnesses and evidence to support their case.
5. Important Details for the Trial:
   • Witnesses: Written, notarized statements from witnesses cannot be used. Witnesses must appear in court to testify.
   • Subpoenas: If you need to subpoena a witness, there is an $8 fee per subpoena.
   • Court Reporter: The court doesn’t provide a court reporter. If you need one, you’ll have to make your own arrangements.

Defendant

If you’re sued and don’t respond within 30 days, the Magistrate’s Court will issue a Default Judgment against you. Here’s what that means:

1. What Happens if You Don’t Respond?
   • The plaintiff automatically wins the case and gets the money or relief they requested.
2. After a Default Judgment is Entered:
   • Notification: The court will notify you that you’ve lost the lawsuit.
   • Payment Order: You’ll be ordered to pay the amount claimed by the plaintiff.
3. Payment Options:
   • You might need to pay the full amount all at once (lump sum).
   • If the court allows, you can pay in installments (smaller payments over time).
4. What If You Miss an Installment?
   • Missing a payment could mean you have to pay the entire remaining balance immediately instead of continuing with installments.
5. Legal and Financial Consequences:
   • Failing to pay the judgment can have serious effects, like harming your creditor leading to other legal actions to collect the money.

Counterclaim

A Counterclaim is when the defendant, in response to your lawsuit, files their own claim against you. Here’s a breakdown of how it works and what you need to do:

How a Counterclaim Works:

1. Filing:
   • The defendant files the Counterclaim in the same court where your original lawsuit was filed.
2. Notification:
   • The court will send you a copy of the Counterclaim, explaining what the defendant is claiming against you.
3. Response:
   • You’ll have a chance to respond to the Counterclaim, just like the defendant had to respond to your original claim.

What You Need to Do:

1. File a Reply:
   • You must respond to the Counterclaim within 30 days of receiving it.
   • The 30 days start the day after you receive the Counterclaim. For example, if you get it on a Monday, the clock starts on Tuesday.
   • Special Rule for Small Claims: If the Counterclaim is for $25 or less, you only have five days to respond.
2. Prepare for Trial:
   • Be ready to present your case in court and defend against the Counterclaim.
   • Gather any evidence, organize your arguments, and make sure your witnesses are prepared if they are needed.

Why It’s Important to Respond:

• If you don’t respond to the Counterclaim, the court may rule against you on the defendant’s claim, even if you win your original lawsuit. Taking action promptly ensures your side of the case is heard.

Trial Notification

What to Expect After a Trial is Scheduled

1. Receiving Your Trial Notice:
   • The Magistrate’s Court will send you a written notice with the trial date and location.
   • Make sure your address on file is accurate to avoid missing important updates.
2. Where to Find Trial Details:
   • The trial date may also be listed in court documents or on the court’s online portal.
   • If you’re unsure, contact the court clerk to confirm.

If You Can’t Attend the Trial

1. Act Quickly:
   • Contact the court as soon as possible to request a reschedule. Be prepared to explain why you can’t attend.
2. Submit a Written Request:
   • Most courts require you to file a formal written request with your reason for rescheduling.
3. Keep in Mind:
   • Rescheduling is usually allowed only once, so ensure your reason is valid and unavoidable.

What Happens If You Miss the Trial After a Counterclaim?

1. Your Claims Could Be Dismissed:
   • If you don’t show up, the court may dismiss your original claims entirely.
2. Default Judgment on the Counterclaim:
   • The defendant might win their Counterclaim by default, and the court could award them damages.
3. Legal and Financial Consequences:
   • Missing the trial could result in financial penalties or harm your credibility in future legal cases.
4. Reopening the Case:
   • In some situations, you might be able to request the court to reopen the case. To succeed, you’ll need to show a valid reason for missing the trial and provide strong evidence.

Tip: Always stay in touch with the court and handle scheduling issues promptly to avoid negative outcomes.

Trial Overview

Here’s a step-by-step breakdown of the trial process:

1. Appearance:
   • Both the Plaintiff (the person who filed the case) and the Defendant appear in court before the Magistrate Judge.
2. Opening Statements:
   • Each side gets a chance to outline their case and explain what they aim to prove.
3. Presentation of Evidence:
   • Both parties present their evidence, such as documents, photos, contracts, or other relevant materials.
   • Witnesses can also testify to support each side’s case.
4. Cross-Examination:
   • Each party can question the other side’s witnesses to challenge their testimony or bring out additional facts.
5. Closing Arguments:
   • After all the evidence is presented, both sides summarize their case, highlighting key points.
6. Judge’s Decision:
   • The Magistrate Judge will review the evidence and make a decision.
   • If it’s a jury trial (less common in small claims), the jury will deliberate and deliver a verdict.
7. Judgment:
   • The judge or jury will issue a decision resolving the case, including any damages or remedies awarded.

For the Plaintiff:

• Present Your Case: Clearly explain your claims and what you are asking for.
• Witness Examination: Call witnesses who support your position and ask them questions that strengthen your case.
• Submit Evidence: Provide the court with relevant documents, photos, or other items that support your claims.
• Cross-Examine the Defendant: Question the defendant and their witnesses to challenge their arguments.
• Relaxed Rules: If no attorneys are involved, the judge may allow for more flexibility with procedures.

For the Defendant:

• Present Your Position: Explain why you disagree with the plaintiff’s claims and support your argument.
• Witness Examination: Call witnesses who back up your side and present their testimony.
• Submit Evidence: Provide the court with documents or items that support your position or counterclaims.
• Cross-Examine the Plaintiff: Ask questions to challenge the plaintiff’s evidence or testimony.
• Relaxed Rules: Like the plaintiff, you may benefit from relaxed procedures if no attorneys are involved.

For Witnesses:

• Testify Under Oath: Witnesses must give truthful testimony under oath. Lying can lead to perjury charges.
• Subpoenas: If a witness refuses to attend, you can ask the court for a subpoena, which legally compels them to appear.
• Fees: You’ll need to pay a fee to issue the subpoena and may need to provide a witness fee for their time.

Final Tips for Both Parties:

• Plan and organize your case ahead of time.
• Bring all necessary evidence and documents.
• Practice clear communication when explaining your side to the judge.

Jury Trial

Requesting a Jury Trial

• Submit a written request at least five business days before your court date.
• Mediation might be required before the jury trial.
• Confirm if your case is eligible for a jury trial.

After the Judgment

• The court provides a judgment transcript and enforcement instructions.
• Record the judgment at the Clerk of Courts Office immediately.
• If unpaid, file an Execution Against Property Order with the Lexington County Sheriff’s Office after 30 days.
• A recorded judgment is valid for 10 years, and the plaintiff must notify the Clerk once the judgment is paid.

Requesting a New Trial or Filing an Appeal

• New Trial: File a written motion within five days of receiving the judgment.
• Appeal: File within 30 days to the Court of Common Pleas with a fee and notify both the court and the opposing party.

Enforce Judgment

Steps to Enforce a Judgment

1. File the Transcript of Judgment:
   • Take your transcript of judgment to the Clerk of Court.
   • Complete an execution form, which can either be filled out by you or your attorney.
   • The clerk will review, sign, and seal the execution form to authorize enforcement.
2. Wait for the Appeal Period:
   • Judgments from lower courts can be appealed within 30 days.
   • You must wait for this period to expire before proceeding with enforcement actions.
3. Execution of Judgment:
   • Once the 30-day waiting period has passed, bring your transcript of judgment and the signed execution form to the County Sheriff’s Office.
   • The Sheriff will initiate enforcement by identifying and seizing the debtor’s property to satisfy the judgment.

Final Judgment

Options if You’re Unsatisfied with the Final Decision

1. File a Motion for a New Trial:
   • Submit this motion within five days of receiving the judgment notice.
   • It asks the court to reconsider the decision and possibly hold a new trial.
2. Appeal the Decision:
   • File an appeal with the circuit court if you believe there were legal errors in the case.
   • The appeal requests a higher court to review the lower court's ruling.

How to File an Appeal

• Submit to the Clerk of Court: File your appeal at the county courthouse through the clerk of court.
• Pay the Filing Fee: Be prepared for a filing fee, which varies by jurisdiction.

Important Considerations

• Procedural Complexity: Both options have strict rules and deadlines that must be followed.
• Legal Advice: Consulting an attorney is highly recommended to ensure proper filing and compliance with court requirements.

Choose the option that aligns with your reasons for disputing the judgment and your ability to navigate the legal process.

Appeal

1. File a Notice of Appeal
   • Where to File:
     • Clerk of Circuit Court: Submit your notice to the Circuit Court in the county where the Magistrate’s Court is located.
     • Magistrate’s Court: Send a copy of the notice to the Magistrate who presided over your case.
     • Your Opponent: Notify the opposing party about your appeal.
   • Timing:
     • File all notices within 30 days of receiving the judgment.
   • Fees and Forms:
     • Check with the Clerk of Circuit Court for any filing fees.
     • Ensure all forms are completed accurately to avoid delays.
2. Appeal Process
   • Judge Review:
     • The Circuit Court judge reviews the record and arguments from the Magistrate’s Court.
   • No Jury:
     • Appeals are decided by the judge alone.
   • Focus on Legal Errors:
     • The appeal evaluates whether legal mistakes occurred during the original trial.
     • It does not reexamine factual evidence or assess witness credibility.

Tips for a Successful Appeal

• Consult an Attorney:
  • Appeals involve complex legal rules and strict deadlines. An attorney can help ensure compliance and present a strong case.
• Stay Organized:
  • Keep copies of all documents, notices, and correspondence related to your appeal.

Let Squabble Help You With Your Small Claim at Lexington County

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Courthouse Locations:

1. Cayce-West Columbia Magistrate Court

650 Knox Abbott Drive
Cayce, SC 29033
(803) 785-6267
https://lex-co.sc.gov/departments/magistrate-court-services/cayce-west-columbia-magistrate-office

BUILDING HOURS

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

2. Oak Grove Magistrate Court

428 Oak Drive
Lexington, SC 29073
(803) 785-6251
https://lex-co.sc.gov/departments/magistrate-court-services

BUILDING HOURS

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