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1. What kind of civil cases are heard in Magistrate Court?

Magistrates hear several types of civil cases, the most common being Summons and Complaint (disputes over money, services, etc. valued at $7,500 or less), Claim & Delivery (procedures to recover personal property $7,500 or less), Evictions, Landlord/tenant disputes, Public Sales on Abandoned Property, and issuing Restraining Orders. You have to file a civil case in the County the defendant lives.

2. How do I file a civil case in Magistrate Court?

After you have notified the defendant of your intent to file, you will come to one of the Magistrates’ Court and fill out an information sheet that will briefly outline your complaint and any damages you believe you are entitled. Be sure to have the defendant’s physical address or a description of how to locate their premises, supporting documentation such as notices of evictions, contracts, bill of sales, titles, certified receipts and letters if mailed, and any other pertinent information concerning your suit. The Civil Court Clerk will enter your information into the computer system and produce documents to sign for your particular case. Filing fees are due at the time of filing. Our fees are:
Summons & Complaint $ 70.00
Claim & Delivery $ 55.00
Evictions $ 30.00
Summary Ejectment of Trespassers $ 55.00
Judicial Sales $ 35.00

There will be a $ 10.00 Process Service Fee for all complaints served in addition to the filing fee. If you have any questions please call and the Civil Clerk will be glad to help.

3. Where do I file my civil case?

One files civil cases in the county where the defendant lives or operates a business (if the claim is against the business itself). You may file civil suits against Corporations in the county where they do business.

4. I have a judgment from Magistrate’s court; how do I have it executed?

Once rendered and the proper time limit has expired, present a Transcript of Judgment to the Clerk of Court Office where you may exercise one of two options. You may pay a small filing fee to have the transcript placed on the defendant’s record or you may pay a slightly higher fee to obtain and Execution Order; which you will present to the Sheriff’s Office in order to have property seized and sold for the judgment amount.

5. How do I file a criminal case?

Crime victims must make a report with the Sheriff’s Department and then present a copy of the incident report to the Magistrate. The Magistrate will determine if there is enough probable cause to file an arrest warrant. The Sheriff’s Department will sign the arrest warrant.

6. What can I do if I accept a check for payment of merchandise or services and bank returns the check due to insufficient funds, or for some other reason?

The Solicitors Office is handling all returned checks so you will need to contact the Worthless Check Unit at the Solicitor’s Office. Their contact information is:

Solicitor's Office
1 Courthouse Square
Hampton, SC 29924
Phone: (803) 914-2175

7. Can you tell me how to appeal a decision of the Summary Court?

A decision of the court may be appealed by making a written notice of your intent to appeal to the other party or parties involved, to the Summary Court, and the Common Pleas Court. You must pay a filing fee to Common Pleas. You must make written notice within 30 days, if it was a civil case and 10 days if it is a criminal case.

8. Can you explain an “expungement”?

An expungement is destroying or sealing of your records of a criminal conviction. This includes records in files, on computer or any other records. Non-convictions are expunged. There are no fees for this type of expungement. After June 2, 2009, Magistrate Courts are required to expunge certain non-convictions automatically where the defendent had been finger printed at the time of arrest.

9. What is PTI?

PTI is an abbreviation of the Pre-Trial Intervention Program. Defendants may only enroll in this program upon the recommendation of the court, officer, victim and attorney involved. There is an enrollment fee and participants are required to attend counseling sessions and complete a prescribed amount of community service hours. Successful completion of this program qualifies the participant to have an expungement of the criminal record for which the participant was enrolled. The Magistrate’s court completes the applications and forwards it to the PTI office for completion. You may contact any office for further details or contact the Pre-Trial Intervention Office in the Solicitor’s Office.

10. Can I discuss my case with the Judge?

Neither you nor the Judge is allowed to discuss your case outside of the courtroom. Such discussions are considered ex porte communication, which is NOT permitted. The Clerks are able to assist you with any questions or concerns you may have.