Small Claims Court in York County

In York County, SC small claims cases are typically filed in the Magistrate Court. York County has one County Clerk Court and has five 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 York Court System.

Small Claims Court

Claim and delivery is a legal process used to get back personal property that someone else is holding. Here's how it works, broken down simply:

• The plaintiff (the person who wants their property back) starts the process.
• The defendant (the person holding the property) is the one being taken to court.

Filing Your Case

• Where to File: You must file in the court where the property is located. For example, if it's in Lexington County, you file there.
• Filing Fee: The fee to file your case is $65.
• Address Requirement: You’ll need the defendant’s exact address. A P.O. box isn’t enough.

Important Limits

• Property Value: If the property is worth more than $7,500, you’ll have to file in the Court of Common Pleas instead of a smaller court.
• Geographic Limits: Lexington County constables can only deliver court papers within the county.

Starting the Case

To get things started, you’ll need to file an affidavit (a sworn statement) with the court. This affidavit should:

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

Once the affidavit is filed, the court will set a hearing date, which is usually 3–4 weeks away.

Serving the Defendant

A court constable will serve the defendant with:

• A copy of your affidavit.
• A summons with the hearing date.
• A restraining order that stops the defendant from hiding, damaging, or selling the property.

If the defendant breaks the restraining order, they could face contempt of court charges and penalties.

Small Claims Court Handle

Here’s a look at the types of cases it usually handles:

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

• Copies Required: Submit two copies of your complaint and any supporting documents.
• Residency Requirement: At least one party involved in the case must live in Charleston County.
• Defendant Information: Provide the defendant's full legal name and a street address—P.O. boxes aren’t accepted.

Filing Against a Business:

• Privately Owned Business: List the owner's full legal name.
• Incorporated Business: Include the name and address of the registered agent, which you can find through the Secretary of State's office.

Debt Collection Cases:

• If your case involves collecting a debt:
  • Attach duplicate copies of documents proving the debt (like account statements, invoices, or promissory notes).
  • Have your signature notarized to confirm its authenticity.

Fees

In York County, SC, here are the typical fees for filing Small Claims and Claim & Delivery actions:

• Small Claims Action:
  • Filing Fee: $70.00
  • Sheriff’s Service Fee: $10.00
  • Total: $80.00
• Claim & Delivery Action:
  • Filing Fee: $55.00
  • Sheriff’s Service Fee: $10.00
  • Total: $65.00

These fees cover the court filing and sheriff’s service for delivering notices related to your case. Always check with the court for the most current fee structure as it can occasionally change.

After Filing a Claim

The Summons:

• The court will issue a summons to the defendant, giving them 30 days from the date they are served to respond.

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 along with their answer.

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.

If They Do Respond:

• The court will schedule a bench trial (a trial without a jury). Both sides should come prepared with witnesses and evidence to support their case.
• Important Details for the Trial:
  • Witnesses: Written, notarized statements from witnesses can’t be used. Witnesses must appear in court to testify.
  • Subpoenas: If you need to subpoena a witness, there’s an $8 fee per subpoena.
  • Court Reporter: The court doesn’t provide a court reporter. If you want one, you’ll need to arrange it yourself.

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:

What Happens if You Don’t Respond?

• The plaintiff automatically wins the case and will get the money or relief they requested.

After a Default Judgment is Entered:

• Notification: The court will let you know that you’ve lost the lawsuit.
• Payment Order: You’ll be ordered to pay the amount the plaintiff claimed.

Payment Options:

• You may have to pay the full amount all at once (lump sum). If the court allows, you can pay in installments (smaller payments over time).

What If You Miss an Installment?

• If you miss a payment, you might be required to pay the entire remaining balance right away instead of continuing with the installment plan.

Legal and Financial Consequences:

• If you fail to pay the judgment, it can have serious effects, like damaging your credit or leading to further 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 how it works and what you need to do:

How a Counterclaim Works:

• Filing: The defendant files the Counterclaim in the same court where your original lawsuit was filed.
• Notification: The court will send you a copy of the Counterclaim, explaining what the defendant is claiming against you.
• 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:

• 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.
• Prepare for Trial: Be ready to present your case in court and defend against the Counterclaim. Gather your evidence, organize your arguments, and ensure your witnesses are ready if 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. Responding promptly ensures your side of the case is heard.

Trial Notification

What to Expect After a Trial is Scheduled

• 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.
• 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
  • Act Quickly:
    • Contact the court as soon as possible to request a reschedule. Be ready to explain why you can’t attend.
  • Submit a Written Request:
    • Most courts require a formal written request with your reason for rescheduling.
  • 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?

• Your Claims Could Be Dismissed:
  • If you don’t show up, the court may dismiss your original claims entirely.
• Default Judgment on the Counterclaim:
  • The defendant could win their Counterclaim by default, and the court may award them damages.
• Legal and Financial Consequences:
  • Missing the trial could result in financial penalties or harm your credibility in future legal cases.
• Reopening the Case:
  • In some cases, you may be able to ask the court to reopen the case. You’ll need to show a valid reason for missing the trial and present strong evidence.
• Tip:
  • Always stay in touch with the court and address scheduling issues promptly to avoid negative consequences.

Trial Overview

Trial Process Summary

• Appearance: Both Plaintiff and Defendant appear before the Magistrate Judge.
• **Opening Statements:**Each side outlines their case and what they aim to prove.
• Presentation of Evidence: Both parties present evidence (documents, photos, contracts) and witness testimony.
• Cross-Examination: Each party can question the other’s witnesses.
• Closing Arguments: Both sides summarize their case.
• Judge’s Decision: The Magistrate Judge reviews the evidence and makes a decision. If it's a jury trial, the jury deliberates.
• Judgment: The judge or jury issues a decision, including any damages or remedies.

For the Plaintiff:

• Present your claims and evidence.
• Call witnesses to support your case.
• Cross-examine the Defendant.
• Flexible rules may apply if no attorneys are involved.

For the Defendant:

• Present your side, explain disagreement with the Plaintiff’s claims.
• Call witnesses and submit evidence.
• Cross-examine the Plaintiff.
• Relaxed procedures if no attorneys are involved.

For Witnesses:

• Testify truthfully under oath.
• A subpoena can compel unwilling witnesses to attend (fees apply).

Final Tips:

• Organize and prepare your case ahead of time.
• Bring all necessary documents.
• Communicate clearly with 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 proceeding to a 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 the judgment is unpaid, file an Execution Against Property Order with the York 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

• File the Transcript of Judgment:
  • Take the 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 review, sign, and seal the execution form to authorize enforcement.
• Wait for the Appeal Period:
  • Judgments from lower courts can be appealed within 30 days.
  • You must wait for this 30-day period to expire before proceeding with enforcement actions.
• Execution of Judgment:
  • Once the 30-day waiting period has passed, take 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 the motion within five days of receiving the judgment notice.
   • This motion asks the court to reconsider the decision and potentially 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 to pay a filing fee, which varies by jurisdiction.

Important Considerations

• Procedural Complexity:
  • Both options have strict rules and deadlines that must be followed.
• Choosing the Right Option:
  • 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, not a jury.
   • Focus on Legal Errors:
     • The appeal focuses on whether there were legal mistakes during the original trial.
     • The court does not reexamine factual evidence or assess witness credibility.

Let Squabble Help You With Your Small Claim at York 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 York 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:

York County Clerk of Court

6 S Congress Street
York, SC 29745
(803) 628-3095
https://www.yorkcountygov.com

BUILDING HOURS

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

Small Claims Court matters in York County, SC, you can contact the relevant Magistrate Court depending on your case's location.

1. York/Bethesda Magistrate Court

Phone: 803-628-3029

2. Clover/Bethel/Kings Mountain Magistrate Court

Phone: 803-675-6040

3.Rock Hill/Catawba/Ebenezer Magistrate Court

Phone: 803-909-7600

4. Fort Mill Magistrate Court

Phone: 803-547-5572

5. Hickory Grove/Broad River/Bullock Creek Magistrate Court

Phone: 803-925-2815​