South Carolina · Unpaid invoice

Unpaid invoice in South Carolina small claims

Client won't pay your invoice? Collect it in small claims.

If a client or customer has not paid an invoice for work you delivered or goods you sold, small claims court is a low-cost way to collect. You do not need a lawyer. The strength of your case usually comes down to clear proof: the agreement or terms, the invoice, evidence the work or goods were delivered, and a record of your attempts to collect.

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

Unpaid invoice: steps that matter

  1. Send a final written demand (a clear statement of what is owed and a payment deadline) and keep proof you sent it.
  2. Gather your contract or written terms, the invoice, delivery/completion proof, and any messages showing the other side accepted the work.
  3. Confirm you are within the statute of limitations below before you file.
  4. File in the correct court for where the defendant is or where the work happened, and keep every date and document together.

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 unpaid invoice

An unpaid invoice is usually a contract or account claim. If you had a signed agreement or written terms, the written-contract statute of limitations below typically applies; a purely verbal deal usually falls under the oral-contract period. That statute is the deadline to file, so do not wait too long.

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."

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.