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1. When is a case a matter for "Small Claims" and when is it for "Common Pleas?"

Magistrate courts handle claims valued at $7,500 or less. Common Pleas handles anything greater than $7,500.

2. How do I file a case in your court? Is there a charge?

When you come to any of our offices, you complete an information sheet that will briefly outline your complaint and any damages to which 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:

• Bills of sale
• Certified receipts and letters if mailed
• Contracts
• Notices of evictions
• Titles
• 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:

• Claim and delivery cases: $65
• Evictions: $40
• Judicial sales: $35
• Summons and complaint: $80
• Restraining orders: Free

This is a list of our most common requests; you may obtain a complete list of fees from any one of our locations. See our court staff and directory for contact information.

3. Where do I file my civil case?

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. Within Georgetown County, there are magisterial districts that handle your case.

Districts Divisions

Georgetown Office

• All parts of the city of Georgetown; north on Highway 701 to the southern border of the Black River including the Kensington, Beneventum and Browns Ferry communities.
• West on Highway 521 to the intersection of Alternate 17 commonly known as the Nine-Mile Curve.
• South on Alternate 17 encompassing all communities on the east side of Alternate 17 to Powell Road proceeding south on Powell Road to include most of the Sampit Community all of the North Santee Community.
• South on Highway 17 to the Charleston County line and encompassing the following communities: 
  • Belle Island Forest
  • Belle Isle
  • Midway
  • South Island
  • Maryville

Andrews Office

• All parts of the Town of Andrews, east on Highway 521 to the intersection of Alternate 17 commonly known as the Nine-Mile Curve, South on Alternate 17 encompassing all communities on the west side of this highway including:
  • Oak Grove
  • Oceda
  • Street Delight/Lamberttown
  • Ten Acre Road
• South on Highway 41 to the Berkeley County line and north on Highway 41 to include the Big Dam and Potato Bed Ferry communities.

Northwest Regional Summary Office

• All areas north of the Black River including the following communities:
  • Carvers Bay
  • Choppee
  • Folly Grove
  • Outland
  • Pee Dee
  • Plantersville
  • Pleasant Hill
  • Rhems
  • Yauhannah

Pawleys Island Office

• All areas north of Georgetown on Highway 17 starting at the base of the Waccamaw River/Intracoastal Waterway bridge and including the following communities:
  • DeBordieu
  • Hagley
  • Litchfield
  • Midway
  • North Litchfield
  • Pawleys Island (mainland and island)
  • Prince George

Murrells Inlet

• All of Murrells Inlet including the Georgetown County portion of Garden City
• All areas south on Highway 17 to the Huntington Beach/Brookgreen Gardens area

Please Note: If you are unsure where to go, you may contact the Georgetown office and they will direct you.

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’s 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 present it to the Sheriff’s Office in order to have property seized and sold for the judgment.

5. How do I go about evicting a renter for non-payment of rent?

A landlord must give a minimum of five days written notice to the tenant regarding their failure to pay rent. Once the fifth day has been completed, the landlord may file an Order and Rule to Evict at the appropriate Magistrate’s Court, presenting at the time of filing, a copy of the eviction notice. The filing fee for this is $40. The defendant is served upon filing, and is then given 10 days to file a response and request a hearing. If the tenant fails to vacate the premises and does not ask for a hearing, the landlord must pay an additional $10 fee to file the actual Writ of Ejectment. The defendant is served the Writ of Ejectment and must vacate the premises within 24 hours. If the defendant fails to vacate the premises, the Sheriff’s Office will remove the defendant from the premises.

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. Contact the appropriate office for assistance in these matters where forms are available to follow the correct procedures.

6. What is a claim and delivery case?

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.

7. What is a judicial sale?

Towing companies or storage facilities usually file for a Judicial Sale for abandoned property such as a vehicle, boat or trailer. The property must be abandoned for a period of 30 days and an effort must be made to contact the owner to remove the property. The purpose for this type of case is to receive permission from the court to sell the abandoned property and keep the proceeds of the sale to cover storage costs. Contact any one of our offices for more details.