Small claims limit in South Carolina (2026)

The SC ceiling is $7,500, court, filing fee bands, and what to do when your damages are bigger.

Maximum claim$7,500
CourtMagistrate Court
Rule sourceS.C. Code §22-3-310 (2021)
VerifiedSept 2026, against official court / statute sources

South Carolina specifics

$7,500 (raised 2021); no jury.

Fee bands: claims under $1,000 pay roughly $30–75 to file; $1k–5k ≈ $50–150; over $5k ≈ $75–225, plus $10–75 for sheriff service. Fee waivers exist in SC if your income qualifies, ask the clerk.

How a South Carolina small-claims case runs
  1. Confirm venue: usually where the defendant lives, where the deal or crash happened, or where the deposit was taken.
  2. File the statement of claim at the Magistrate Court clerk window, forms are self-help in most states. Serve the defendant (sheriff or certified mail).
  3. Hearing 30–90 days out (busy counties 3–6 months). Bring texts, invoices, photos; no lawyer needed in most SC small-claims courts.
  4. Judgment 1–8 weeks after. Collecting is on you: wage garnishment / bank levy 1–3 months, and small-claims judgments collect ~35–55% face value in practice.

Damages over $7,500? Sue for exactly $7,500 and waive the excess (binding, fastest, cheapest), or take the full claim to limited-civil court with a lawyer. Never split one incident into two cases: claim-splitting gets dismissed.

Limits change with legislation, SC has had statutory raises recorded through 2026 (see rule source). Check the SC court site the week you file. Not legal advice.

Frequently asked

What is the small claims limit in South Carolina?

$7,500 in the Magistrate Court. $7,500 (raised 2021); no jury.

How much does it cost to file in South Carolina?

Roughly $30–75 for a sub-$1,000 claim, $50–150 for $1k–5k, $75–225 above that, plus service fees. Fee waivers exist income-qualifying filers.

Can a business file small claims in South Carolina?

Business filers are capped the same as individuals in most states; check the venue line above, some states cap company claims lower.