SMALL CLAIMS COMPLAINT TEMPLATE

(State of South Carolina – Magistrate’s Court)

[// GUIDANCE: This template is designed for monetary‐damage claims that do not exceed the South Carolina small-claims jurisdictional limit of $7,500.00, exclusive of costs and interest. It complies with S.C. Code Ann. § 22-3-10 and the South Carolina Rules of Magistrate’s Court. Customize all bracketed fields before filing.]

TABLE OF CONTENTS

1. Document Header.................................................................................1
2. Definitions.............................................................................................2
3. Operative Allegations.............................................................................3
4. Prayer for Relief...................................................................................4
5. Reservation of Rights & Appeal Notice...............................................4
6. Verification............................................................................................5
7. Certificate of Service............................................................................6

Page numbers are for counsel’s drafting convenience; renumber when finalized.

1. DOCUMENT HEADER

IN THE MAGISTRATE’S COURT OF THE STATE OF SOUTH CAROLINA
FOR THE COUNTY OF [COUNTY]

A. Recitals

1. This action arises from Defendant’s alleged failure to pay money owed and/or damage to Plaintiff’s property as further detailed below.
2. The amount in controversy is $[AMOUNT], which is within the statutory limit of the South Carolina Magistrate’s Court.

[// GUIDANCE: If suing for multiple theories (e.g., unpaid invoice and property damage), describe all here and in the Statement of Facts.]

2. DEFINITIONS

For ease of reference in this Complaint, the following terms shall have the meanings set forth below:

“Agreement” – Any written or oral contract, invoice, lease, or other arrangement between Plaintiff and Defendant that gives rise to the monetary obligation described herein.

“Damages” – The sum of money sought by Plaintiff, not to exceed $7,500.00 exclusive of court costs, interest, and allowable statutory fees.

“Magistrate’s Court” – The small-claims division of the Magistrate’s Court for the County of [COUNTY], State of South Carolina, having civil jurisdiction pursuant to S.C. Code Ann. § 22-3-10.

[// GUIDANCE: Add or delete defined terms as necessary; ensure all defined terms are capitalized and used consistently.]

3. OPERATIVE ALLEGATIONS

3.1 Jurisdiction & Venue

a. This Court has subject-matter jurisdiction under S.C. Code Ann. § 22-3-10 because the Damages claimed are not greater than $7,500.00.
b. Venue is proper in this County because [select all that apply]:
• Defendant resides or has its principal place of business in this County;
• The transaction or occurrence giving rise to the claim took place in this County; and/or
• The property that is the subject of this action is located in this County.

3.2 Parties

a. Plaintiff is [an individual / a corporation / an LLC] duly organized under the laws of [state] and authorized to bring this action.
b. Defendant is [an individual / a corporation / an LLC] that may be served at [physical address or registered agent].

3.3 Statement of Facts

1. On or about [DATE], Plaintiff and Defendant entered into the Agreement whereby [briefly describe transaction].
2. Defendant agreed to pay Plaintiff $[AMOUNT] on or before [DUE DATE].
3. Despite demand, Defendant has failed and refused to pay the outstanding balance of $[AMOUNT], which remains due and owing.
4. [If property damage] On or about [DATE], Defendant negligently damaged Plaintiff’s property located at [ADDRESS/LOCATION], causing loss valued at $[AMOUNT].
5. All conditions precedent to the filing of this action have been performed, waived, or satisfied.

3.4 Cause(s) of Action

COUNT I – Breach of Contract (Money Had and Received)
COUNT II – Negligence / Property Damage [if applicable]
[// GUIDANCE: List only the counts that apply. Each count should incorporate ¶¶1-5 of the Statement of Facts by reference.]

3.5 Damages Sought

Plaintiff seeks monetary judgment against Defendant as follows:
a. Principal Amount: $[AMOUNT]
b. Pre-judgment interest at the statutory rate from [DATE] to judgment;
c. Post-judgment interest at the statutory rate; and
d. Court costs and such other relief this Court deems just and proper.

4. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant in an amount not to exceed $7,500.00, together with interest, costs, and any other relief the Court finds equitable.

5. RESERVATION OF RIGHTS & APPEAL NOTICE

1. Plaintiff reserves the right to amend this Complaint to conform to the proof presented at trial, provided the total amount sought remains within the $7,500.00 jurisdictional limit.
2. Appeal Rights: Pursuant to S.C. Code Ann. § 18-3-10, any party may appeal a final judgment of this Court to the Court of Common Pleas within thirty (30) days after receipt of written notice of the judgment.

[// GUIDANCE: Omit or revise the statutory citation only if you are uncertain of its accuracy.]

6. VERIFICATION

I, [NAME], being first duly sworn, depose and say that I am the Plaintiff (or authorized representative of Plaintiff) in the above-entitled action; that I have read the foregoing Complaint and know the contents thereof; and that the same are true and correct to the best of my knowledge, information, and belief.

Date: ____

[PLAINTIFF NAME / AUTHORIZED REPRESENTATIVE]
Title (if entity): ________

SWORN to before me this _ day of _, 20____.

Notary Public for the State of South Carolina
My Commission Expires: ____

[// GUIDANCE: South Carolina does not require notarized verifications in every small-claims filing, but doing so strengthens authenticity. Remove if unnecessary in your county.]

7. CERTIFICATE OF SERVICE

I hereby certify that I served a true and correct copy of the foregoing Small Claims Complaint on Defendant as follows:

• [ ] Certified Mail, Return Receipt Requested to: [DEFENDANT ADDRESS]
• [ ] Personal service by authorized process server at: [DEFENDANT ADDRESS]
• [ ] Other (specify): _____

Date of Service: ____

[NAME]
[ADDRESS]
[PHONE]
[EMAIL]

[// GUIDANCE:
1. Attach copies of the Agreement, invoices, photographs, repair estimates, correspondence, or any other supporting exhibits and label them “Exhibit A,” “Exhibit B,” etc.
2. File the original Complaint and exhibits with the Magistrate’s Court clerk and pay the applicable filing fee.
3. Keep one conformed copy for your records and one for service on each Defendant.
4. South Carolina requires prompt service—generally within 120 days of filing—so calendar all deadlines immediately.]