Could an Aiken County magistrate hear a small credit-reporting, debt-collection or defamation claim?

Plain-English summary

In 2011, the South Carolina Attorney General said an Aiken County magistrate's jurisdiction extended throughout the county, not just the magistrate's assigned district. That countywide jurisdiction applied to civil as well as criminal matters. The opinion separately noted that venue rules might affect where a particular civil action could be filed; it did not decide the proper venue for the requester's case.

The AG said magistrate courts could have concurrent jurisdiction over qualifying claims under the Fair Credit Reporting Act, federal debt collection law and defamation law under §22-3-10, subject to the statute's $7,500 jurisdictional limit at that time. Jurisdiction could not be created by the parties' consent. If a filed counterclaim exceeded that limit, §22-3-30 required transfer of the claim and counterclaim to the Court of Common Pleas. Whether a magistrate had subject matter jurisdiction in a particular dispute required facts for a court to decide.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later
AG opinions may have changed the analysis. Treat this page as historical context, not current
legal advice. Verify current law before relying on any specific rule, deadline, or remedy
mentioned here.

Common questions

Was a person restricted to the magistrate assigned to their district? A: The AG said magistrate authority was countywide, although separate venue rules still mattered for a particular filing.

Could a magistrate hear a Fair Credit Reporting Act claim?
A: The opinion said such a claim could fall within concurrent civil jurisdiction if the statutory claim limit and other requirements were met.

What about debt-collection or defamation claims?
A: The AG gave the same general answer for the claims named in the request, subject to jurisdictional limits and case facts.

Could the parties agree to use magistrate court for a claim outside its jurisdiction? A: No. The opinion said consent or an order from a higher court could not confer jurisdiction the magistrate lacked.

Did the AG decide the right court for one actual lawsuit?
A: No. It left venue and particular subject matter jurisdiction questions to the courts.

Background and statutory framework

A legislator relayed an Aiken County constituent's questions about magistrate district boundaries and several kinds of civil claims. The AG distinguished countywide judicial authority from venue and then applied §22-3-10's categories and monetary limit. Its dollar figure and jurisdictional description were statements of the law as discussed in 2011.

Citations and references

The opinion quotes §22-3-10 on magistrate civil jurisdiction and discusses §22-3-20 and §22-3-30 on limits and transfer of a larger counterclaim.

Official title

Asking (1) whether a person must pursue a cause of action in a specific magistrate court within that person’s district or can the person elect to file in another district, and (2) does a magistrate court have jurisdiction to hear cases for violations of the Fair Credit Reporting Act, Fair Debt Collections Practices Act and Defamation of Character?

Requester

The Honorable J. Roland Smith, Member, House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-16-2011-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/08/smith-j-r-os-9310-8-16-11-magistrate-court-violation-of-fair-credit-reporting-act.pdf

Original opinion text

ALAN WILSON

AITORNEY GENERAL

August 16, 2011

The Honorable J. Roland Smith
Member, House of Representatives
519-B Blatt Building
Columbia, SC 29211
Dear Representative Smith:
We received your letter on behalf of a constituent in Aiken County asking: (1) whether a person must pursue a cause of action in a specific magistrate court within that person's district or can the person elect to file in another district, and (2) does a magistrate court have jurisdiction to hear cases for violations of the Fair Credit Reporting Act, Fair Debt Collections Practices Act and Defamation of Character? In answer to your first question, we note that a magistrate's jurisdiction is limited to the county in which he or she may exercise authority. A magistrate's jurisdiction, however, is county-wide. State ex rel. McLeod v. Crowe, 272 S.C. 41, 249 S.E.2d 772 (1978). Thus, while magistrates have territorial assignments or districts, their jurisdiction is limited only by the bounds of the county lines. State v. Black, 319 S.C. 515, 462 S.E.2d 311 (Ct App. 1995). This county-wide jurisdiction extends to both criminal and civil cases. Id.; see Op. S.C. Atty. Gen., July 12, 1966 [stating that all the magistrates in Aiken County have county-wide jurisdiction]. 1 Additionally, S.C. Code Ann. §22-3-10 sets out concurrent civil jurisdiction of magistrates in twelve areas: The proper venue, or territorial jurisdiction, of any matter is beyond the scope of this opinion request. We note, however, that pursuant to Rule 4, SCRMC:

1

(a) A civil action may be filed in any magistrates court in the county in which at least one defendant resides or where the most substantial part of the cause of action arose, except that civil actions against domestic corporations may be filed in the county where such corporation shall have its principal place of business. (b) A civil action may be filed in any magistrates court in the county in which the plaintiff resides or where the cause of action arose when the defendant does not reside in this State and jurisdiction is based upon S.C. Code Ann. §36-2-803
[i.e., the long-arm statute].
See also §§15-7-10 and 15-7-20 [providing which actions must be tried where the subject matter is situated]. REMBERT

c. DENNIS Bun..DING • POST OFFICE Box 11549 • COLUMBIA, SC 29211 -1549 • TELEPHONE 803-734-3970 • FACSIMILE 803-253-6283

The Honorable J. Roland Smith
Page 2
August 16, 2011
I. actions on contracts for the recovery of money, where the claim does not exceed $7 ,500.00;

2. actions for damages for injury to rights pertaining to the person, or personal
   or real property, where the damages do not exceed $7,500.00;
3. actions for a penalty, fine or forfeiture, not to exceed $7,500.00;
4. actions commenced by attachment of property, as provided by statute, where
   debt or damages do not exceed $7 ,500.00;
5. actions upon a bond conditioned for the payment of money, not exceeding
   $7,500.00, whether the money is due in sum total or in installments;
6. actions upon a surety bond taken by the magistrate, when penalty or amount
   claimed does not exceed $7,500.00;
7. actions upon a judgment rendered in magistrate's court when it is not
   prohibited by the South Carolina Rules of Civil Procedure;
8. taking and entering judgment on the confession of a defendant in the manner
   prescribed by law when the amount confessed does not exceed $7,500.00.
9. actions for damages or for fraud in the sale, purchase, or exchange of
   personal property, not to exceed $7,500.00;
10. all landlord and tenant matters, as well as those included in Chapter 33
    through 41 of Title 27, encompassing matters of leasehold estates, rent, ejectment of tenants and undertenants of life tenants;
11. actions to recover the possession of personal property, whose stated value
    does not exceed $7,500.00;
12. in all actions provided for in this section when a filed counterclaim involves
    a sum not exceeding $7,500.00.
13. in interpleader actions arising from real estate contracts for the recovery of
    earnest money, only ifthe sum claimed does not exceed $7,500.00.
14. in actions for damages arising from a person's failure to return leased or
    rented personal property within 72 hours after the expiration of the lease or rental agreement, such damages to be based on the loss of revenue or replacement value of the property, whichever is less, if the damages claimed do not exceed $7,500.00; however, the lease or rental agreement must set forth the manner in which the amount of the loss of revenue or replacement value of the item leased or rented is calculated.

The Honorable J. Roland Smith
Page3
August 16, 2011
We specifically note that magistrate courts are vested with concurrent, not exclusive, original jurisdiction in the listed categories. See Op. S.C. Atty. Gen., August 11, 1976.2 Moreover, jurisdiction may not be waived or conferred upon the magistrate by consent of the parties or by order of a higher court. Jenkins v. Atlantic Coast Line R. Co., 84 S.C. 343, 66 S.E. 409 (1909); Rock Hill Body Co. v. Rainey, 294 S.C. 426, 365 S.E.2d 228 (Ct. App. 1987). As to your second question, a mafistrate court would have concurrent jurisdiction to hear cases for these violations pursuant to §22-3-10, subject to the $7,500.00 jurisdictional limitation imposed by this provision. 4 Finally, whether a magistrate court has subject matter jurisdiction over a particular case involves numerous questions of fact which are beyond the scope of an opinion of this Office to resolve. Only a court could make such a determination and not this office. See Ops. S.C. Atty. Gen., May 25, 2010; March I 0, 2004. If you have any further questions, please advise. Very

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N. Mark Rapoport
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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1Robert D. Cook
Deputy Attorney General
cc: Mr. Curt Page

Magistrates also have limited jurisdiction over mechanics' liens (§29-5-130), agricultural liens (§§29-1380 and 29-13-90), repair or storage liens (§29-15-10), and animal owner's liens (§29-15-50).

2

Section 22-3-20 limits a magistrate's jurisdiction by prohibiting the hearing of civil cases in which the State is a party, except for an action for a penalty not exceeding $100, and for disputes as to title in real property matters, except as provided in §§22-3-1110 through 22-3-1180. 3

4 We note that, pursuant to §22-3-30, if a defendant files a counterclaim against a plaintiff in an amount

which if successful would exceed $7,500.00, then the initial claim and counterclaim must be transferred to the Court of Common Pleas for that judicial circuit.