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Magistrate Court
Civil lawsuits are filed in the Magistrate’s Court at 967 West Adams Street, Ridgeland, South Carolina, or at 21 Martin st, Hardeeville, South Carolina. Civil actions include anything that is not criminal in nature. Examples of civil actions include eviction, claim and delivery, suits on notes, suits for damages, suits for money damages and mechanic’s lien. The amount in dispute may not exceed $7,500.
If I cannot appear to court, what can I do?
You can write or type a letter to the court requesting to reschedule your case. Your letter must include your name, current address, date and Case Number. This will have to be mailed or faxed at least two days before the trial date.
To request a Jury Trial
You as the plaintiff or defendant will have to notify the court immediately before the court date that you are requesting a jury trial.
What do I have to bring to court?
You can bring any evidence that you may have that goes along with your case and/or any witnesses that you may have.
After the suit is filed
The Magistrate’s Office will forward the papers to the Sheriff’s office to be served. This procedure can last up to one to two weeks to be served.
What do I need to file a civil suit against the person?
You will have to provide the court the full name of the defendant and their physical address of residence or place of employment. This address will have to be located in Jasper County. If it is another County you will have to file within their jurisdiction.
Can someone be arrested in a civil case?
Filing fees
Filing fees in the Magistrate’s Court differ.
Below is a summary of some of the pertinent filing fees:
Summons and Complaint $80
Evictions $40
Claim and Delivery $65
Writ of Ejectment $10
Counterclaim $10
Subpoena of Witness $ 8
Non Service by Sheriff’s Office – Certified Mailing: $5.00
Notice to Quit the Premises: $65.00
Public Sales: $35.00
Restraining Order: No fee (The losing party will have to pay a fee of $55.00 on the day of the trial.)
Forms
Claim and Delivery (CONSUMER CREDIT TRANSACTION)
Claim and Delivery (PERSONAL PROPERTY)
What do you do if someone files a counterclaim?
A Plaintiff may Reply to a Counterclaim, but it is not a necessary pleading.
Once a Defendant has been served with a Summons and Complaint, they have a specific time period within which to Summons and Complaint - 30 days
Evictions - 10 days
When can I see the Judge?
It is not recommended that you speak with a judge if you are contemplating bringing a civil action. If the judge speaks with you and you tell her/him about your case, the judge will not be able to hear the case because it is unfair to speak with one side without a representative of the other side present. If you need to speak with someone about filing a civil case, you may speak with the judge’s assistant.
What is the difference between a Plaintiff and a Defendant?
Plaintiff: Person filing the suit
Defendant: Person being sued