Default judgment in South Carolina: how to set it aside

Missed the deadline? Here is how to ask the court to cancel the default.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. 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.

Shortest time to ask
1 year (Mistake, neglect, new evidence or fraud: outer limit)
Time to answer
30 days

If you didn'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.

Asking the court to undo a default 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.

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.

The judgment in South Carolina

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

After a judgment in South Carolina

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 you are in the military

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 next steps in South Carolina

  1. Read the judgment

    Ask the clerk for a copy of the judgment and note the date on it.

  2. Act within the time limit

    South Carolina's rule: For good cause, the court may set aside a default or default judgment.

  3. Say why you missed it

    Most courts want to know why you didn't answer and what your defense is. Attach your answer if the court asks.

  4. Know what can be taken

    See what is protected: After a judgment in South Carolina.

Free legal help in South Carolina

Questions about default judgments in South Carolina

How many days do I get to answer 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).

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.

Keep reading about South Carolina

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources