Sued in South Carolina? You have 30 days to answer

Magistrates Court or Circuit Court: 30 days.

Count my answer deadlineHow to answerI missed it / default

Checked against official sources: Oct 24, 2026. · Free letters and forms ↓

Count your answer deadline in South Carolina

Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.

The date is counted in your browser.

The court's name is at the top of your summons.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

South Carolina guides by topic

How to answer in South Carolina

Your deadline by court, the official form, fees and defenses.

Default judgment in South Carolina

What a default means and how to set it aside, with a calculator.

After a judgment in South Carolina

Wage garnishment, bank levies and how to claim an exemption.

Debt buyer lawsuits in South Carolina

What a debt buyer must prove, and old debts as a defense.

Which court hears debt cases in South Carolina

Magistrates Court

Cases up to $7,500

Many smaller credit card and consumer debt suits are filed here. Magistrates hear contract claims for money of $7,500 or less.

Law: S.C. Code Ann. § 22-3-10(1)

Circuit Court (Court of Common Pleas)

No dollar limit stated

Debt cases over $7,500, and any case a plaintiff chooses to file there. Circuit Court civil cases are generally subject to court-ordered mediation.

Law: SCRCP; SCADR Rule 3(a)

How to answer in South Carolina

How to answer

Magistrates Court: file a written answer in a form the magistrate approves, or go to the court in person within the 30 days and give an oral answer, which court staff will write down. The court sends a copy to the plaintiff and then sets a trial date. Circuit Court: serve a written answer on the plaintiff's lawyer within 30 days and file it with the Clerk of Court.

If you can't pay the fees

Magistrates Court: Motion and Affidavit to Proceed In Forma Pauperis. Circuit Court: in forma pauperis under SCRCP 3(b).

Law: Rule 24 form [44]

How you must be served

The summons and complaint must be served together, by the sheriff, a constable or any adult who is not a party or lawyer in the case. They can be handed to you, left at your home with a resident of suitable age and discretion, or delivered to your authorized agent. In Circuit Court they can also be sent by registered or certified mail, restricted delivery, but a default can't be based on mail service unless the return receipt shows you accepted it.

Law: Magistrates Court Rule 6(c), (d)(1); SCRCP 4(c), (d)(1), (d)(8)

Law: Magistrates Court Rule 7(a), (b); SCRCP 12(a)

Defenses to know in South Carolina

Defenses in South Carolina law

The statute of limitations is a defense: 3 years for contract claims, including open accounts. Your answer can deny all or part of the claim and raise any new matter that is a defense, and you can file a counterclaim.

Law: S.C. Code Ann. § 15-3-530(1); Magistrates Court Rules 7, 9

Debt buyer lawsuits
In Magistrates Court, if the defendant doesn't answer and the claim isn't for a fixed sum, the plaintiff can get a default judgment without proving damages only if it itemized the account, attached an affidavit that it is true and unpaid, and served both with the summons. Debt buyer lawsuits in South Carolina: the full rules
Time limit to sue (written contract)
3 years · More on old debts at Debt Collector Map

If you missed the deadline in South Carolina

A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.

What happens

If you don't answer in time, the plaintiff can get a default judgment. In Magistrates Court, if a hearing is needed for the default judgment, the court sends both sides notice; at that hearing you may only cross-examine witnesses and object to evidence. A default can also be entered if you answer but miss the trial.

How to set it aside (cancel it)

For good cause, the court may set aside a default or default judgment. Ask by motion: for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud, within a reasonable time and no more than 1 year after the judgment; if the judgment is void (for example, you were never properly served), within a reasonable time. South Carolina's rule does not include a catch-all 'any other reason' ground.

Law: Magistrates Court Rules 10(b), 11(e), 12(b); SCRCP 55(c), 60(b)

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Mediation and settlement in South Carolina

Civil actions filed in Circuit Court are subject to court-ordered mediation in all counties, unless an exception applies or the court exempts the case.

Law: South Carolina Court-Annexed ADR Rules 1, 3

If there is a judgment in South Carolina

A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.

Interest after the judgment

The Wall Street Journal prime rate in its first edition of each calendar year plus 4 percentage points, compounded yearly. The South Carolina Supreme Court confirms the rate by order by January 15 each year.

How long it lasts

10 years. The creditor can have executions issued and enforce the judgment at any time within 10 years after it is entered, and the judgment is a lien on your real estate in any county where it is entered on the judgment index for 10 years from the date of the judgment. The statutes do not provide a way to renew it.

Law: S.C. Code Ann. § 34-31-20(B); §§ 15-39-20, 15-39-30, 15-35-810

Garnishment, bank levy and exemptions in South Carolina

Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.

Wage garnishment (taking part of your pay)

Stricter than federal. Your wages can't be garnished for a debt from a consumer credit sale, consumer lease, consumer loan or rent-to-own agreement, and your employer can't fire you because a creditor tried.

Law: S.C. Code Ann. §§ 37-5-104, 37-5-106

Bank levy (freezing and taking money in your bank account)

A judgment is collected by a writ of execution carried out by the sheriff. No amount in a bank account is protected automatically. If you don't claim a homestead exemption, you can protect cash and liquid assets, including bank deposits, up to $7,600 (the amount set July 1, 2024; adjusted every even-numbered year).

Law: Magistrates Court Rule 17(c); S.C. Code Ann. § 15-41-30(A)(5)

Law: S.C. Code Ann. §§ 15-41-30, 15-41-20; Magistrates Court Rule 17(c)

These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: South Carolina

Free help in South Carolina

Court self-help

Free letters and forms

Ask the plaintiff's lawyer for the debt documents

The contract, the chain of ownership and an itemization of what they claim.

Good to know in South Carolina

  • South Carolina bans wage garnishment for most consumer credit debts (S.C. Code Ann. § 37-5-104).
  • In Magistrates Court you can answer by going to the court in person and giving an oral answer, which staff will write down (Magistrates Court Rule 7(a)).
  • In Circuit Court, a default can't be based on certified-mail service unless the return receipt shows you accepted it (SCRCP 4(d)(8)).

Federal rules in every state

  • Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
  • Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
  • Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
  • Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
  • Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6

Questions about debt lawsuits in South Carolina

How long do I have to answer a debt lawsuit in South Carolina?

30 days after you are served (Magistrates Court: counted from the first day after service; Circuit Court: 30 days after service of the complaint).

How do I answer a debt lawsuit in South Carolina?

Magistrates Court: file a written answer in a form the magistrate approves, or go to the court in person within the 30 days and give an oral answer, which court staff will write down. The court sends a copy to the plaintiff and then sets a trial date. Circuit Court: serve a written answer on the plaintiff's lawyer within 30 days and file it with the Clerk of Court.

What if I can't afford the court fees in South Carolina?

Magistrates Court: Motion and Affidavit to Proceed In Forma Pauperis. Circuit Court: in forma pauperis under SCRCP 3(b).

What happens if I don't answer in South Carolina?

If you don't answer in time, the plaintiff can get a default judgment. In Magistrates Court, if a hearing is needed for the default judgment, the court sends both sides notice; at that hearing you may only cross-examine witnesses and object to evidence. A default can also be entered if you answer but miss the trial.

Can I cancel a default judgment in South Carolina?

For good cause, the court may set aside a default or default judgment. Ask by motion: for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud, within a reasonable time and no more than 1 year after the judgment; if the judgment is void (for example, you were never properly served), within a reasonable time. South Carolina's rule does not include a catch-all 'any other reason' ground.

How much interest does a judgment add in South Carolina?

The Wall Street Journal prime rate in its first edition of each calendar year plus 4 percentage points, compounded yearly. The South Carolina Supreme Court confirms the rate by order by January 15 each year.

How long does a judgment last in South Carolina?

10 years. The creditor can have executions issued and enforce the judgment at any time within 10 years after it is entered, and the judgment is a lien on your real estate in any county where it is entered on the judgment index for 10 years from the date of the judgment. The statutes do not provide a way to renew it.

Can my wages be garnished in South Carolina?

Stricter than federal. Your wages can't be garnished for a debt from a consumer credit sale, consumer lease, consumer loan or rent-to-own agreement, and your employer can't fire you because a creditor tried.

Can a creditor take money from my bank account in South Carolina?

A judgment is collected by a writ of execution carried out by the sheriff. No amount in a bank account is protected automatically. If you don't claim a homestead exemption, you can protect cash and liquid assets, including bank deposits, up to $7,600 (the amount set July 1, 2024; adjusted every even-numbered year).

More help on our sister sites

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Last checked: Oct 24, 2026.

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Count my deadline