South Carolina · Moving company damage or loss

Moving company damage or loss in South Carolina small claims

Mover damaged or lost your belongings? Recover in small claims.

When a moving company damages furniture, breaks valuables, or loses boxes during a move, small claims court is often the most practical way to recover the cost of the damaged or missing items. Your claim rests on proving what the mover contracted to transport, what was damaged or lost, and its value. The moving contract and a careful inventory of what was missing or broken at delivery are your most important evidence.

In South Carolina, small-claims cases are heard in the Magistrates Court and you can sue for up to $7,500.

Good to know: South Carolina has no separate "small claims court." Civil claims of $7,500 or less are filed in the county Magistrates Court (the official spelling used by the SC Judicial Branch is "Magistrates Court"). Claims above $7,500 must be filed in Circuit Court. Appeals from Magistrates Court go to the Court of Common Pleas (Circuit Court) in the same county.

Moving company damage or loss: steps that matter

1. Keep your moving contract, estimate, and bill of lading, and note any inventory forms the mover provided.
2. Document all damage immediately at delivery — photos, a written list, and the mover's own delivery receipt if they made one.
3. File a formal written claim with the moving company first, noting their deadline for response (often specified in your contract).
4. If the company does not resolve the claim, send a demand letter stating the total amount sought and keep proof you sent it.
5. File in the court for the county where the moving company is located or where delivery occurred.

Filing your Complaint (filed with the Magistrates Court; the court then issues a Summons). Official form: Complaint (SCCA701). in South Carolina

1. Confirm the claim qualifies and pick the right county. Estimate the value of your claim; only claims of $7,500 or less can be brought in Magistrates Court. File in the applicable county: where the defendant lives, where a defendant company has its principal place of business, or where the most substantial part of the cause of action arose (see Magistrate Rule 4). Per the FAQ: "You must file your lawsuit in the applicable county."
2. Prepare and file your Complaint. Explain to the Magistrates Court what you are claiming and why; once written this statement is your Complaint (Magistrates Rule 5(a); example at Magistrates Rule 24, Form 2). Identify each person/business you are suing, include a valid mailing address, and attach copies of supporting documents (contracts, receipts, photos, etc.). Court staff will help you write the explanation if they determine you need help.
3. Pay the filing fee. Per the FAQ: "You must pay a filing fee when you file your claim in Magistrates Court. The amount of the fee is uniform throughout the State." If you cannot afford it, file a Motion for Leave to Proceed In Forma Pauperis with a supporting affidavit (Magistrates Rule 5(c)).
4. Have the Summons and Complaint served on the defendant. After you properly file, the Magistrates Court issues a Summons. A copy of the Summons, Complaint, and any attachments must be served on each defendant by one of four methods (Magistrates Rule 6(c)): Sheriff's Department, private process server, certified mail (restricted delivery, return receipt), or, as a last resort, publication. File a notarized affidavit of service with the court.

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your moving company damage or loss

A moving company claim can be framed as a contract claim (the mover was paid to transport goods safely and did not) or as a property damage claim (the mover damaged or lost your property). The applicable statute of limitations may depend on which theory you use; some states also have specific carrier liability rules. Confirm which deadline applies to your situation with the court.

Written contract: 3 years (S.C. Code § 15-3-530)

Answering a lawsuit: 30 days after service of the Complaint

Serving the defendant: After the Complaint is filed, the Magistrates Court issues a Summons; the plaintiff must serve a copy of the Summons, Complaint, and attachments on each defendant by one of four methods under Magistrates Rule 6(c): (1) Sheriff's Department, (2) private process server, (3) certified mail with restricted delivery and return receipt, or (4) publication (only after the first three methods have failed and the court grants an Order for Service by Publication). A notarized affidavit of service should be filed with the court.

Appeals: Either party may appeal a Magistrates Court judgment to the Circuit Court by preparing and filing a Notice of Appeal (SCCA720; example at Magistrates Rule 24, Form 21) with the Clerk of the Circuit Court within 30 days, and serving the clocked copy on all opposing parties and the Magistrates Court. The 30 days runs from the day the judge announces the decision in court (if you were present); if you were not present, it runs from the date you receive written notice of the judgment. The filing fee is $150 (waivable via In Forma Pauperis). Alternatively, a party may first file a written motion for a new trial within five days from receiving notice of the judgment. This is confirmed by Magistrate Rule 18: "Within thirty (30) days after delivery of written notice of judgment to the parties or their attorneys, a party wishing to appeal shall serve on the respondent and file a notice of appeal."

All South Carolina small-claims deadlines

The table below lists the filing deadlines Magistrates Court applies by claim category. Confirm the exact rule that applies to your moving company damage or loss claim with your court before relying on any figure.

South Carolina small-claims forms for your moving company damage or loss case

These forms are published by the Magistrates Court. Download and complete them before filing.

• Summons (SCCA700): The Summons issued by the Magistrates Court that, with the Complaint, must be served on each defendant to commence the action.
• Complaint (SCCA701): The plaintiff's statement of the claim (who injured/damaged them, why, and the amount sought); the document that starts the case.
• Affidavit of Service (SCCA748): Notarized proof filed with the court showing how and when the defendant was served with the Summons and Complaint.
• Notice of Civil Appeal (SCCA720): Used by a party (the Appellant) to appeal a Magistrates Court civil judgment to the Circuit Court within 30 days.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: South Carolina Judicial Branch - Frequently Asked Questions (FAQ) in Magistrates Courts. Last reviewed 2026-06-23.