Small Claims Court in Spartanburg County

In Spartanburg County, SC small claims cases are typically filed in the Magistrate Court. Spartanburg County has one Magistrate Courthouse that handles 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 Spartanburg Court System.

Small Claims Court

Small Claim Court at Spartanburg, South Carolina you can file a case if you feel that you or your property have been harmed or damaged, and the total amount is $7,500 or less, you have the option to file a civil lawsuit in the magistrates' court. The filing fee is $80, which covers both the lawsuit filing and serving costs. If there are multiple defendants with different addresses in Charleston County, there is an extra $10 fee for each additional defendant.

Cases Handled

The Small Claims Court handles a variety of issues, such as:

• 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

• Submit two copies of your complaint along with any supporting documents.
• At least one of the parties involved must reside in Charleston County.
• Provide the court with the defendant's full legal name and street address (PO Box numbers are not accepted).
• If you're filing against a business:
  • Determine if it’s incorporated or privately owned.
  • For a privately owned business, include the owner’s full legal name.
  • For an incorporated business, provide the name and address of the registered agent, which you can find through the Secretary of State.
• If you are suing to collect a debt:
  • Attach duplicate copies of the account statement, invoices, or promissory note to prove the amount owed.
  • Ensure your signature is 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 submit a written answer. If they need assistance, a clerk at the Small Claims Office is available to help.
  • If the defendant has a related claim against you, they can file a counterclaim when submitting their answer.
• If the defendant doesn’t respond within 30 days:
  • The court may issue a default judgment against them.
• If the defendant responds:
  • The court will schedule a bench trial.
  • Both parties must bring witnesses and evidence to support their case.
  • Written, notarized statements from witnesses are not allowed as evidence—witnesses must appear in court to testify.
• Additional notes:
  • If you need to subpoena a witness, there is an $8.00 fee per subpoena.
  • The court does not provide a court reporter, so you will need to make arrangements if one is required.

Defendant

• Default Judgment: If you are sued and don’t respond within 30 days, the Magistrate’s Court will issue a Default Judgment against you, meaning the plaintiff automatically wins the lawsuit and is entitled to the money or relief they requested.
• If a Default Judgment is entered against you:
  • Notification: You will be notified that you’ve 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 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: Missing an installment payment may result in the court requiring you to pay the entire remaining balance immediately.
  • Legal Consequences: Failing to pay the judgment can lead to serious legal consequences, including damage to your credit.

Counterclaim

Counterclaim Process

• What is a Counterclaim?
  • A Counterclaim is a document filed by the defendant in response to your lawsuit, in which the defendant makes their own claim against you.
• How the Process Works:
  • Filing: The defendant files the Counterclaim in the same court where your original lawsuit was filed.
  • Notification: Once the Counterclaim is filed, the court will send you a copy outlining the defendant's claims against you.
  • Response: After receiving the Counterclaim, you typically have the chance to respond, just as the defendant had the opportunity to respond to your claim.
  • Importance of Responding: It's crucial to respond to a Counterclaim within the timeframe set by the court to ensure your side of the case is considered.

What to Do If a Counterclaim is Filed Against You

1. File a Reply:
   • You must file a reply to the Counterclaim within 30 days of receiving it. The 30-day period starts the day after you receive the Counterclaim. For example, if you receive the Counterclaim on a Monday, the 30 days begin on Tuesday.
2. Special Rule for Small Claims:
   • If the Counterclaim is for $25 or less, you only have five days to respond.
3. Prepare for Trial:
   • 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 ahead of time.

Handling a Counterclaim

• Respond Promptly:
  • Addressing the Counterclaim quickly is crucial to ensure that your side of the case is properly represented in court.
• Prepare Thoroughly:
  • Make sure you have all necessary evidence and are ready to present your defense during the trial. Proper preparation will help ensure your case is fairly considered by the court.

Trial Notification

Court Notice

• Notice from the Court: The Magistrate’s Court will send you a written notice with the trial date and location. Make sure your address on file is current.
• Check Court Documents: Trial details may also be available on court documents or online portals.
• Contact the Court: If you're unsure about the trial details, reach out to the court clerk for confirmation.

If You Can’t Attend

1. Contact the Court ASAP:
   • If you know you can’t attend, contact the court as soon as possible to request a reschedule, providing a valid reason.
2. Submit a Written Request:
   • You will likely need to submit your request in writing to the court.
3. Limited Rescheduling:
   • Rescheduling is typically allowed only once, so make sure your reason for needing a new date is strong.

Consequences of Missing a Trial After a Counterclaim

• Dismissal of Your Claims:
  • The court may dismiss your original claims if you fail to attend the trial.
• Default Judgment:
  • The defendant may win their Counterclaim and be awarded damages.
• Legal and Financial Impact:
  • Missing the trial can lead to financial penalties and negatively impact future legal matters.
• Possible Reopening:
  • You may be able to reopen the case if you can provide a valid reason for missing the trial, but this is difficult and requires solid proof.

Trial Overview

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 outlines 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
  • Witness testimony
• Cross-Examination: Each side can question the other side’s witnesses to challenge their testimony.
• Closing Arguments: After all evidence is presented, both sides summarize their case and highlight 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.

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.

Important Notes:

• Testimony Under Oath: All testimony is under oath. Providing false information can lead to perjury charges.
• Planning: Ensure your case is well-supported by evidence and testimony, and manage these aspects carefully throughout the trial.

Jury Trial

Jury Trial Request:

• Written Request: To request a jury trial, submit a written request to the Magistrate’s Court at least five business days before the original court date.
• Mediation: In some cases, you may need to participate in mediation before your jury trial. A neutral mediator helps both sides try to settle the case. If mediation is successful, you may avoid a trial. If not, the jury trial will proceed.
• Eligibility: Not all cases qualify for a jury trial. Check local rules and procedures to verify if your case is eligible.

After Judgment:

• Transcript of Judgment: Once a judgment is made, a transcript will be issued along with instructions on how to enforce it. The judgment can be recorded immediately at the Clerk of Courts Office.
• Enforcement: 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 the defendant’s property can be seized and sold at public auction to satisfy the debt.
• Validity of Judgment: 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.

Requesting a New Trial or Appeal:

• New Trial: If you want to request a new trial, submit a written motion to the court within five days after receiving notice of the judgment.
• Appeal: To file an appeal, you have 30 days from the judgment notice to do so in writing. The appeal must be filed with the Court of Common Pleas, and there is a filing fee. Additionally, the notice of appeal must be personally served to 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 be filled out by you or your attorney).
   • The Clerk will sign and seal the execution form.
2. Wait for the Appeal Period:
   • Judgments from lower courts can be appealed within 30 days.
   • You must wait for this 30-day period to pass before you can proceed 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 carry out the execution by seizing the debtor’s property.

Final Judgment

Options if You’re Not Satisfied with the Final Decision:

1. Motion for a New Trial:
   • Timeframe: File this motion within five days of receiving the judgment notice.
   • Purpose: Requests the court to reconsider the decision and potentially hold a new trial.
2. Appeal:
   • Purpose: An appeal asks a higher court (the circuit court) to review the case for any legal errors made during the trial.
3. Filing the Appeal:
   • Process: Submit your appeal to the county courthouse through the clerk of court.
   • Fees: Be aware that there is usually a filing fee for the appeal.

Considerations:

• Complexity: Both options (motion for a new trial and appeal) involve specific procedures and deadlines. It’s often advisable to consult an attorney to ensure correct filing and adherence to deadlines.
• Choose Wisely: Decide which option best suits your situation and the reasons for your disagreement with the judgment.

Appeal

How 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 of the notice 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 the appeal. Complete and submit any required forms accurately.
4. Consultation:
   • It is advisable to consult with an attorney to navigate the appeals process and ensure compliance with deadlines.

Appeal Process:

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

Courthouse Location:

Spartanburg Magistrate Court

180 Magnolia Street/ 1st Floor, Suite 1119/ Spartanburg, SC 29306/ (864) 596-2564/ https://www.spartanburgcounty.org/561/Magistrate-Court

BUILDING HOURS

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

CITIES SERVES

• Chesnee (partly in Cherokee County)
• Greer (mostly in Greenville County)
• Inman
• Landrum
• Spartanburg
• Wellford
• Woodruff

Let Squabble Help You With Your Small Claim at Spartanburg County

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