IN THE MAGISTRATE’S (SMALL CLAIMS) COURT

STATE OF SOUTH CAROLINA, COUNTY OF [COUNTY]

_______

[PLAINTIFF NAME],
    Plaintiff,

v.

[DEFENDANT NAME],
    Defendant.

Civil/Small Claims Case No.: [DOCKET #]

ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIMS

[// GUIDANCE: South Carolina Magistrate (Small Claims) Court currently has a jurisdictional monetary cap of $7,500. Counterclaims that exceed this amount may require transfer to the Court of Common Pleas. S.C. Code Ann. § 22-3-10 (jurisdictional limit).]

TABLE OF CONTENTS

1. Document Header
2. Preliminary Statement
3. Answers to Numbered Allegations
4. Affirmative Defenses
5. Counterclaims (if asserted)
6. Reservation of Additional Defenses
7. Prayer for Relief
8. Verification
9. Certificate of Service

1. DOCUMENT HEADER

Effective Date of Filing: [DATE]
Court: Magistrate’s (Small Claims) Court for [COUNTY], South Carolina
Governing Law & Procedure: South Carolina state law; South Carolina Rules governing Magistrate’s Courts (Small Claims Division).
Answer Deadline: Within 30 days after service of the Summons and Complaint upon Defendant.

2. PRELIMINARY STATEMENT

1. Defendant [DEFENDANT NAME] (“Defendant”) respectfully submits this Answer in compliance with the 30-day deadline prescribed by South Carolina small-claims procedure.
2. Any allegation not expressly admitted herein is denied.

3. ANSWERS TO NUMBERED ALLEGATIONS

[// GUIDANCE: Mirror each paragraph number exactly as it appears in the Complaint so the court can easily track admissions, denials, or statements of insufficient knowledge.]

4. AFFIRMATIVE DEFENSES

Without conceding the burden of proof on any issue, and reserving all rights to amend, Defendant pleads the following affirmative defenses pursuant to Rule 8(c)–(d)–style practice incorporated in Magistrate’s Courts:

1. Failure to State a Claim – The Complaint fails to state facts sufficient to constitute a cause of action.
2. Lack of Personal Jurisdiction – Plaintiff has not met the statutory requisites for personal jurisdiction over Defendant.
3. Improper Service of Process – Service did not satisfy South Carolina requirements.
4. Statute of Limitations – The cause(s) of action are barred by the applicable limitations period.
5. Payment / Accord and Satisfaction – The alleged debt has been fully paid, settled, or otherwise discharged.
6. Set-Off and Recoupment – Any amount found owing to Plaintiff must be reduced by sums Plaintiff owes Defendant.
7. Waiver, Estoppel, and/or Laches – Plaintiff’s own conduct bars or reduces recovery.
8. Failure of Consideration – No valid consideration supports Plaintiff’s claim.
9. Unclean Hands – Plaintiff’s inequitable conduct precludes relief.
10. Failure to Mitigate – Plaintiff failed to mitigate alleged damages.

[// GUIDANCE: Strike defenses that are clearly inapplicable; add others unique to the facts. Omitting an available affirmative defense may cause waiver.]

5. COUNTERCLAIMS (OPTIONAL)

[If asserting none, state “None.”]

5.1 Jurisdictional Statement

This Counterclaim arises from the same transaction or occurrence as Plaintiff’s claim, is within the $7,500 jurisdictional limit of this Court, and is thus compulsory/permissive under South Carolina small-claims procedure.

5.2 Parties

Counter-Claimant: [DEFENDANT NAME] (“Counter-Claimant”).
Counter-Defendant: [PLAINTIFF NAME] (“Counter-Defendant”).

5.3 Factual Allegations

1. …
2. …

5.4 Causes of Action

Count 1 – Breach of Contract
 a. Existence of valid contract: …
 b. Breach: …
 c. Damages: … Amount claimed: $[AMOUNT].

[Add additional counts as needed.]

5.5 Prayer on Counterclaims

Counter-Claimant demands judgment against Counter-Defendant for:
a. Compensatory damages of $[AMOUNT];
b. Pre- and post-judgment interest as allowed by law;
c. Costs of this action; and
d. Such other and further relief as the Court deems just and proper.

6. RESERVATION OF ADDITIONAL DEFENSES

Defendant reserves the right to amend this Answer to assert additional defenses or counterclaims that may become known through discovery or further investigation, consistent with South Carolina small-claims procedure.

7. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
1. Dismiss Plaintiff’s Complaint with prejudice;
2. Enter judgment in favor of Defendant on all claims;
3. Award Defendant costs as allowed;
4. Grant such other relief as the Court finds just and proper.

8. VERIFICATION

I, [DEFENDANT NAME], being duly sworn, state under penalty of perjury that I am the Defendant in the foregoing action; that I have read the foregoing Answer (and Counterclaims, if any); and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

Date: [DATE]

[DEFENDANT NAME], Defendant

Sworn to and subscribed before me this ___ day of ____, 20__.

Notary Public for South Carolina
My Commission Expires: ____

[// GUIDANCE: Magistrate’s Court does not always require notarized verification; confirm with the clerk. If not required, substitute an unsworn statement under S.C. Code § 15-13-10.]

9. CERTIFICATE OF SERVICE

I hereby certify that I served a true and correct copy of the foregoing Answer, Affirmative Defenses, and Counterclaims on [PLAINTIFF NAME] (or counsel of record) by:

☐ First-Class U.S. Mail, postage prepaid, addressed to:
  [ADDRESS]
☐ Hand delivery
☐ Other: _________

on this ___ day of ____, 20__.

[DEFENDANT NAME]

APPENDIX: QUICK-REFERENCE CHECKLIST FOR SOUTH CAROLINA SMALL-CLAIMS ANSWERS

[// GUIDANCE: Remove prior to filing; provided for attorney convenience only.]

☐ Answer filed within 30 days of service
☐ All numbered allegations addressed (admit/deny/lack knowledge)
☐ All applicable affirmative defenses pled
☐ Counterclaims asserted within jurisdictional limit (or request transfer if exceeding)
☐ Verification or appropriate unsworn statement attached
☐ Certificate of Service completed
☐ Copies served on Plaintiff or counsel

END OF DOCUMENT