FAQs
FAQs
Magistrates hear several types of civil cases, the most common being Summons & Complaint (disputes over money, services, etc. valued at $7,500 or less), Claim & Delivery (procedures to recover personal property), Evictions, Landlord/Tenant disputes, Public Sales on Abandoned Property, and issuing Restraining Orders. Defendants file civil cases in the area where they live.
Yes, you are entitled to a jury trial if requested in a timely manner and in writing. A jury trial request should include your CURRENT mailing address and phone number and the name of your attorney if one is representing you. Jury Trial Request forms are available at the Magistrate’s office or you may write your own request.
You contact the Solicitor´s Worthless Check Unit at 843-292-1586. This agency will completely process the bad check for you.
No. Magistrates’ Courts do not handle these matters.
No. The Family Court Child Support Office strictly handles Child support payments.
No. Probate Court handles Marriage license applications.
No. Magistrates’ Courts staff cannot give legal advice. The staff can instruct you on the procedures to file a case and explain court procedures to you. The staff cannot recommend an attorney to you. You may contact the local or state Bar Association for a list of attorneys.
Small Claims, Rental, and Property
Magistrate Court handle claims valued at $7,500 or less. Common Pleas handles anything greater than $7,500.
When you come to our office, you complete 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, bills of sale, titles, certified receipts and letters if mailed, and any other pertinent information. The 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 most common fees are $80 for Summons & Complaint, $65 for the Claim & Delivery cases, $40 for Evictions, $35 for Judicial Sales and Restraining Orders are no cost.
One files civil cases in the county or state 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 own property and operate their regular business.
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 an Execution Order, then presented to the Sheriff’s Office in order to have property seized and sold for the judgment.
You may also complete Applications for Evictions for a violation of lease terms and conditions or if the term of tenancy or occupancy has expired.
A Claim and Delivery case is filed when a person wishes to repossess certain kinds of property. Most commonly, this is the result of a bad debt where the owner used property as collateral such as automobiles, furniture, appliances, etc. In order to proceed, you must present to the court that you are entitled to the property by contract, bill of sale or entitlement. The account must be in default by at least ten days and a certified letter of Right to Cure should have been sent at least twenty days prior to making application to the court for this proceeding and a copy of that letter should be presented upon filing the case. The fee for this proceeding is $55.
Jury Duty:
Unless you are disqualified or exempted from jury duty you must appear on the date and time of your jury summons. The Magistrate must grant all other excuses.
Generally, the court does not excuse someone for this type of work-related issue; however, if scheduled to be out-of-town on business or if you have a unique situation, the Magistrate may excuse you or transfer you to another term. The Magistrate will review this on a case-by-case nature and excuses or transfers are entirely at the discretion of the Magistrate.
Jury panels for Magistrate’s Court are comprised of 6 members; Circuit courts are 12 members. Circuit courts usually require their jurors to return to the court each day for service. Magistrate’s Court selects jurors and notifies them of dates and times to return. If not selected to serve on a case, jurors do not have to return. Jurors in Magistrate’s Court hear criminal misdemeanors, traffic cases, small claims and minor civil disputes.