SC · Small claims
South Carolina Small Claims Court
South Carolina Magistrate Court. Use this guide to check the dollar ceiling, the starting court form, and the steps to sue a landlord for a security deposit.
Educational summary for 2026 filings. Fees, forms, and deadlines change. Confirm the current rule with the court clerk. This is not legal advice.
Maximum claim limit
$7,500
Estimated filing fee
$25 – $100, set by the magistrate and the claim amount
Statute of limitations
3 Years (Written Lease)
3 years for written lease contract; 3 years for oral agreement
Official court form
Complaint (Magistrate Court)
Open the South Carolina judicial branch page, then confirm you have the current county version before you file.
Open official court formStep-by-step filing procedure
Step 1
Confirm jurisdiction and county venue
File in the South Carolina Magistrate Court location that the venue rule allows, usually the county where the rental sat or where the landlord can be served. Claims above $7,500 may need a higher court, or you can reduce the amount you request so the case stays in small claims.
Step 2
Complete the complaint form
Use Complaint (Magistrate Court). Name the landlord exactly as the lease does, state the deposit amount still owed, and attach the dates you moved out and demanded the money.
Step 3
Pay the filing fee, or ask for a waiver
Expect a fee in the range of $25 – $100, set by the magistrate and the claim amount. If you cannot afford it, ask the clerk for the fee-waiver form before you pay. The clerk will tell you the current county amount.
Step 4
Complete service of process
After filing, the landlord must be served. In South Carolina that is commonly done by Sheriff or constable, Disinterested adult process server, Certified mail. Keep the proof of service. A demand letter mailed earlier does not count as service of the lawsuit.
Step 5
Prepare your evidence
Bring the lease, move-in and move-out photos, the itemized deduction list, and the USPS Certified Mail receipt for your demand letter. A one-page timeline of dates helps the judge follow the deposit deadline.
South Carolina small claims questions
What is the small claims court limit in South Carolina?
South Carolina Magistrate Court hears smaller civil cases, including many security-deposit disputes. The statewide ceiling used on TenantClaim is $7,500. A claim above that amount may need a higher court, or you may reduce the amount you request so the case can stay in small claims. County rules can add details, so confirm the current limit with the clerk before you file.
What form do I file to sue a landlord in South Carolina?
Start with Complaint (Magistrate Court). The official court page is https://www.sccourts.org/. Filing fees are typically $25 – $100, set by the magistrate and the claim amount. If you cannot afford the fee, ask the clerk for the fee-waiver form before you pay.
How do I serve the landlord after I file in South Carolina?
Accepted methods include Sheriff or constable, Disinterested adult process server, Certified mail. Service has to follow the court rule, and you will need proof of service before the hearing. A demand letter you already mailed does not replace service of the filed claim.
How long do I have to sue over a South Carolina security deposit?
Contract deadlines are commonly 3 years for written lease contract; 3 years for oral agreement. The clock can turn on move-out, the statutory return date, or a later breach, and some claims use a different period. Read the current statute or ask the court self-help center at https://www.sccourts.org/ before you rely on a date.
Check the deposit math before you file
Run the South Carolina calculator for the return deadline, the bad-faith multiplier, and a demand letter. File in small claims after that notice if the landlord still holds the deposit.
Open the South Carolina deposit calculator