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No. Small Claims cases are filed in one of the six Magistrates’ (Summary) Courts in Georgetown County.
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After the judgment is filed, the Clerk’s office will issue an execution form that must be signed with the Clerk of Court or a Deputy Clerk’s signature and sealed. You must file the original execution with the Sheriff’s office including the filing fee of $25.
Parties instituting a civil action in Circuit Court are required to pay a $150 filing fee for most civil actions, and $10 for the filing a Lis Pendens without a Summons and Complaint. The court charges a $1 filing fee to cancel a Lis Pendens. (A Lis Pendens is an instrument filed with a Summons and Complaint or before a Summons to put the community on notice that certain property is or may be subject to litigation.)
When the Magistrate grants an Order of Judgment, you will need to get a Transcript of Judgment to file in the Clerk of Court’s office. There is a $35 filing fee.
When filing a Foreign Judgment, you must file an affidavit stating that the judgment is final, uncontested, unsatisfied in whole or in part, the amount of the remaining balance should be stated also. A certified sealed copy of the Judgment and a sealed Exemplification of the Clerk of Court and the Presiding Judge, are required. The filing fee is $100.
In order to file Transcript of Judgment, the county which filed the judgment must sign and seal the transcript. Then, forward the transcript to the Clerk of Court’s office.
When matters in the amount or value of property in dispute of less than $7,500, the Magistrate Court files and hears the case. When the amount or value of property is more than $7,500, the Court of Common Pleas files and hears the case.
The Master-in-Equity Court provides a relatively quick and inexperience means of litigation resolution for civil, non-jury matters. However, parties may not initiate action in the Master’s Court. The Court of Common Pleas through an Order of Reference is the only way a case comes before the Master-in-Equity. The Master’s Court hears most foreclosure cases, and a sizable number of other civil, non-jury cases such as land partitions, judicial sales, and actions to collect judgments. Any case, which could otherwise be heard in the Court of Common Pleas without a jury, can be referred to the Master, and anyone filing a civil case and waives the right to a jury trial can ask to have their case referred to Master-in-Equity Court.
No. The Clerk of Court does not research and give case information to credit bureaus and other companies. While this information is available to the public, companies with an interest in obtaining such information must conduct the research themselves. All of the information is available via public access computer terminals in our offices and via the following links for Public Index Search and Court Docket Search.
Bankruptcy proceedings are an action of the U.S. Bankruptcy Court for the District of South Carolina. For more information, contact the U.S. District Court Clerk’s office at 843-579-1401.
Cases tried or otherwise disposed in the Court of Common Pleas are appealed to the South Carolina State Supreme Court or Court of Appeals and filed with the Clerk of the State Supreme Court or Court of Appeals.
The Court of Common Pleas handles appeals from Magistrates’ Courts, and some administrative agencies. When appealing a civil case, it will be necessary for you to pay a filing fee of $150 at the time you file the appeal. Appeals on civil cases are automatically scheduled as Non-Jury Matters.
The case has to be filed 120 days to be placed on the non-jury roster and 365 days for the jury roster.