Small Claims and Magistrate Court Service in South Carolina

01Where small claims go

South Carolina's Small Claims Court Is the Magistrate Court

South Carolina does not have a separately named small claims court. Civil claims of modest size are heard by magistrates, whose jurisdiction under S.C. Code 22-3-10(1) reaches cases where the sum claimed does not exceed seven thousand five hundred dollars. The same $7,500 ceiling applies to other listed categories, including tort damages and counterclaims. Many counties have several magistrate offices, such as Beaufort County's Bluffton magistrate, so we confirm which office issued the summons. The Bluffton process server page covers that office's area.

Magistrates also hear matters between landlord and tenant and the possession of land under Chapters 33 through 41 of Title 27 (S.C. Code 22-3-10(10)), and 22-3-10(12) says the $7,500 counterclaim limit does not apply there. Under 22-3-20, however, magistrates have no jurisdiction where title to real property comes into question. Our eviction papers page explains which landlord papers a private server can deliver.

Claims above $7,500 belong in the Court of Common Pleas, where SCRCP 4 governs service. The methods are similar, but the deadlines and forms differ, and a plaintiff who splits one claim to stay under the limit should ask counsel first. When a case has moved to common pleas, the process serving page for attorneys explains how firms send those summonses.

• Civil claims up to $7,500 (22-3-10(1))
• Tort damages and counterclaims within the same limit
• Landlord-tenant and possession cases under Title 27
• No jurisdiction where title to real property is in question

02Who may serve

SCRMC 6(c) Opens Magistrate Summonses to Private Servers

Rule 6(c) of the South Carolina Rules of Magistrates Court reads: service of the summons may be made by the sheriff, the sheriff's deputy, a magistrate's constable, or by any other person not less than eighteen years of age, who is not an attorney in or a party to the action. That means the plaintiff cannot serve the summons personally, but any qualifying adult can. Our explainer on who can serve process compares this rule with SCRCP 4(c).

Proof depends on who served. Under SCRMC 6(g), service by the sheriff, a deputy or a constable is proved by certificate, and service by any other person is proved by that person's affidavit. Every server we assign is at least 18 and is not a party to, or an attorney in, the case, and the affidavit gives the date, time and place of service and the person served, so the magistrate can see the summons reached the right defendant.

Many plaintiffs use the sheriff, and that is a reasonable choice. The Richland County Sheriff's Department Civil Process Division serves papers for all Richland County Magistrates and posts a $15 fee per defendant for a summons and complaint, payable before any attempt; the Dorchester County Sheriff posts the same figure. A private server makes sense when timing, a hard-to-reach address or a detailed attempt record matters. The Richland County process server page covers Columbia-area magistrate filings.

03How the summons is delivered

Personal, Abode, Agent and Certified Mail Service in Magistrate Court

SCRMC 6(d)(1) allows an individual to be served by personal delivery, by leaving copies of the summons and complaint at the individual's dwelling house or usual place of abode with a resident of suitable age and discretion, or by delivering a copy to an agent authorized by appointment or by law to receive service of process. For abode service, our affidavit records the recipient's name or description and that the recipient lives at the address. The legal papers service guide explains each method.

SCRMC 6(d)(6) also allows certified mail, return receipt requested, with restricted delivery. The catch is the same one found in the circuit court rules: no default may be entered unless the record contains a return receipt showing acceptance by the defendant. A receipt signed by a family member, or a letter returned unclaimed, leaves the plaintiff without a basis for default, which is when many people turn to hand delivery.

When a defendant avoids the door, varied attempt days and times, and a dated log of each visit, give the magistrate a clear picture. If the defendant cannot be found in South Carolina after due diligence, publication under S.C. Code 15-9-710 is ordered by the court, a judge, the clerk of common pleas, the master or a probate judge; our page on defendants who avoid service and the publication guide explain the diligence record.

04After service

The 30-Day Answer Period and Why the Affidavit Date Matters

Under SCRMC 7(b), the defendant must answer within thirty days from the first day after the date of service. The Summary Court Bench Book adds that the period excludes the day of service and, if it ends on a weekend or holiday, rolls to the next business day. Because the clock starts from the date on the affidavit, we record the date and time precisely and return the affidavit promptly so the plaintiff can file it. The same-day and rush service page covers serves with a near trial date.

If the defendant does not answer, the plaintiff may ask the magistrate for a default. Before entering a default judgment, a court must have an affidavit stating whether the defendant is in military service, under the Servicemembers Civil Relief Act, 50 U.S.C. 3931. That affidavit is the plaintiff's responsibility, not the server's, but our field notes sometimes help, such as a note that the defendant was served at an off-base address near Shaw Air Force Base. The Sumter County process server page covers that area.

South Carolina also allows Sunday service under S.C. Code 15-9-17, except on a person going to, attending or returning from a church or other religious service. A weekend attempt can reach a defendant who works long weekday hours, so we confirm any planned weekend visit with you in advance. We note the day of the week on the affidavit so the timing is clear if service is later questioned.

05Business and nonresident defendants

Serving a Company, an Out-of-State Business or a Nonresident Driver

A domestic corporation's registered agent is its agent for service of process under S.C. Code 15-9-210(a), and service on the agent binds the corporation. Section 15-9-210(b) also permits certified mail to the registered agent's office or to the corporate secretary at the principal office. If there is no registered agent, or the agent cannot be served with reasonable diligence, 15-9-210(c) lets the court or clerk order certified mail to the corporate secretary, perfected five days after mailing. The registered agent service page covers the details.

For an out-of-state corporation that is not authorized to do business in South Carolina, S.C. Code 15-9-245 treats the Secretary of State as its agent for service, with a ten-dollar fee, and the Secretary of State forwards a copy by certified mail. An authorized foreign corporation is served through its registered agent under 15-9-240. We have not reviewed the LLC service statute for this page, so counsel should confirm the route for a limited liability company. The out-of-state papers page explains cross-border cases.

Vehicle claims add one more route. Under S.C. Code 15-9-350, a nonresident who drives in South Carolina is deemed to have appointed the Director of the Department of Motor Vehicles as agent for service. That matters for minor accident claims along I-95, I-26 and U.S. 17 involving out-of-state drivers. Whether to use that statute or personal service where the driver lives is a choice for the plaintiff or counsel.

06Officer-only papers

Claim and Delivery, Rules to Vacate and Writs Go to Officers

Not every magistrate paper is open to a private server. In a claim and delivery action to recover personal property, S.C. Code 22-3-1330(a) has the summons and notice served by the constable, and 22-3-1410 directs the constable to serve the affidavit, notice and summons without delay. Delator Field Services does not serve claim-and-delivery papers. The guide to ejectment service covers the officer role in landlord cases.

Landlord cases have the same split. The rule to vacate or show cause is routed through the sheriff's office in every county magistrate page we read, and only a constable or deputy sheriff carries out a writ of ejectment. Rules to vacate are not on our service list, and we never post or execute a writ. What we do serve in those cases is the separate summons for unpaid rent or damages and subpoenas for hearing witnesses.

Witness subpoenas are open to private service. SCRMC 23(b) lets a magistrate subpoena be served by the sheriff, a deputy, a constable, or any other person who is not a party and is at least 18, and SCRMC 23(e) sets witness pay at $25 a day plus mileage. Our magistrate subpoena service covers trial witnesses, and the Greenville County process server page covers magistrate filings in the state's most populous county.

07Across the state

Magistrate Summonses From the Upstate to the Grand Strand

Magistrate filings follow population. Greenville County, the most populous county with an estimated 583,125 residents in 2025, and Charleston, Richland and Horry counties all start at $125 Routine, as do Spartanburg, Lexington, York, Berkeley, Anderson and Pickens. Every other county has its own published figure. The Spartanburg County process server page covers the courthouse at 180 Magnolia Street, which houses magistrate court along with the circuit and family courts.

Coastal counties bring seasonal patterns. A defendant in a Myrtle Beach rental may have returned to another state by the time a claim is filed, and a Hilton Head Island address may sit behind a gate. When a claim involves a visitor, we ask for every known address, including any out of state, before quoting. The Horry County process server page covers returns filed in Conway or at the Central Coast Complex in Myrtle Beach.

Rural counties cost more to reach, but the paperwork standard does not change. A magistrate summons served in McCormick County at $225 Routine gets the same logged attempts and signed affidavit as one in Lexington County at $125. Delator Field Services is the process serving division of Delator Group, a Tennessee firm headquartered in Nashville, with no South Carolina office, and the Lexington process server page covers the Westbrook Judicial Center.

Services

Magistrate Court Papers We Serve in South Carolina

• Magistrate summons and complaintCivil summonses for claims up to $7,500 served by a qualifying private adult under SCRMC 6(c), with an affidavit of service under 6(g).Learn more
• Abode serviceDelivery at the defendant's dwelling to a resident of suitable age and discretion under SCRMC 6(d)(1), with the recipient described in the affidavit.Learn more
• Business defendantsCorporations served through a registered agent, officer or managing agent, with the 15-9-210 and 15-9-245 routes flagged for counsel when needed.Learn more
• Unpaid rent and damagesA landlord's magistrate claim for back rent or property damage, served as ordinary civil process separate from the rule to vacate.Learn more
• Trial witness subpoenasMagistrate subpoenas under SCRMC 23(b) served by a non-party adult, with witness pay of $25 a day plus mileage noted under 23(e).Learn more
• Defendants who avoid serviceAttempts at varied days and times with every visit logged, so the magistrate can see the diligence behind each attempt.Learn more
• Out-of-state defendantsVisitors, former residents and out-of-state companies served where they can be found, coordinated under one written quote and affidavit standard.Learn more
• Rush magistrate servesUrgent, Rush or Same Day Rush tiers when a trial date is near, with the county rate confirmed in writing before the first attempt.Learn more
• County rate lookupPublished Routine starting rates for all 46 counties, from $125 in ten counties, so you know the serving cost before you file.Learn more

How it works

How a South Carolina Magistrate Serve Works

1. 01

   Send the filed summons

   Upload the summons and complaint the magistrate issued, with the defendant's full name, every known address, a description if you have one, and the trial date.

2. 02

   Written quote

   We confirm the county, the tier, the total and the assigned server in writing before any attempt, and requote first if the defendant turns out to live elsewhere.

3. 03

   Logged attempts

   The server attempts service at varied times under SCRMC 6(d)(1), logging the date, time and place of each visit and anything the people at the door say.

4. 04

   Affidavit for the magistrate

   You receive a signed affidavit of service under SCRMC 6(g) giving the date, time and place of service and the person served, ready to file with the magistrate.

Compare

South Carolina Magistrate Court Papers and Who Serves Them

Statewide coverage

South Carolina Cities Where Magistrate Papers Reach Us

Most magistrate requests come from the metro counties, so many start at the Charleston process server page, the Greenville city service page or the Columbia process server page. Grand Strand claims often begin at the Myrtle Beach process server page, and Savannah River claims at the Aiken process server page. Upstate claims outside Greenville often name defendants in Spartanburg, Anderson or Pickens counties. Each page lists the county's published starting rate and the court where the affidavit of service is filed after the magistrate summons is delivered.

• Greenville
• Columbia
• Charleston
• Myrtle Beach
• Spartanburg
• Aiken
• All of South Carolina

FAQ

Frequently asked questions

Service areas

Process servers across South Carolina