Civil Court Information
Magistrate Court takes filings for:
Magistrate's Jurisdiction is $7500.00 or less.
Filing Fees
| Filing Fee | $70.00 |
| Service Fee | $10.00 |
| Total | $80.00 |
There is no fee for filing a Counterclaim.
Procedures for Filing a Small Claims Suit - Beaufort
Jurisdictional Limit is $7500.00 or less.
Plaintiff must own or have a security interest in the subject property.
Plaintiff must have specific identification of subject property and provide an Affidavit of same.
Plaintiff must send Defendant a 20 day Notice of Default and Consumers Right to Cure notice by certified mail.
Filing Fees
| Filing Fee | $55.00 |
| Service Fee | $10.00 |
| Notary Fee | $2.00 (if Needed) |
| Total | $65.00 |
| Pick Up Order | $20.00 (After order has been granted) |
Plaintiff/Landlord must have a valid written lease or rental agreement with the Defendant/Tenant to file for an eviction. If no lease exists but there is a verbal agreement, the Plaintiff/Landlord must give the Defendant/Tenant 30 days’ written notice to vacate by certified mail, return receipt.
After you file for the ejectment:
The papers are processed and served by a Sheriff’s deputy. Once the Defendant is served s/he must vacate the premises or appear in court on the scheduled date to show case as to why s/he must not be evicted.
The Plaintiff/Landlord must notify the Court in writing if the Defendant/Tenant has vacated the premises or if the case should be dismissed for any other reason prior to the scheduled court date. If the Defendant/Tenant does not vacate, the Plaintiff/Landlord must appear in court on the scheduled date.
After the hearing and if so ordered by the judge, a Writ of Ejectment may be requested. There is a $10.00 fee for the Writ of Ejectment.
If there are other addresses where the Defendant/Tenant may be served other than the residence address, please include them with the Application.
IT IS VERY IMPORTANT THAT YOU REMEMBER YOUR ASSIGNED COURT DATE. FAILURE TO APPEAR ON THE APPOINTED DATE WILL RESULT IN YOUR CASE BEING DISMISSED.
Eviction Application Non-Lawyer - Beaufort
Eviction Application Non-Lawyer - Bluffton
Eject a Trespasser
If there was/is no agreement between the Plaintiff and the Tenant as to rent or other payments for living in the Plaintiff’s property, then an Ejectment of Trespasser must be filed.
The Tenant has 5 days from the date of service to vacate the property or request a hearing. The filing fee is $65.00.
To obtain a Restraining Order, Plaintiffs must show a pattern of stalking or harassment as defined by law.
There is no fee for filing for a Restraining Order. HOWEVER: THE NON-PREVAILING PARTY WILL BE ASSESSED $55.00 IN COURT COSTS.