Chester County Magistrate Court

When a complaint is filed, the Court issues a summons.

• The summons requires the defendant to answer the complaint within 30 days of being served.
• The defendant must answer in writing.
• If the defendant has a claim against the plaintiff arising from the same case(s), a counterclaim may (need text here).

The Civil Court Clerk is available to assist a party as needed but cannot provide legal advice.

A judgment by default may be entered against the defendant.

• If the defendant does not answer within thirty (30) days after service of the summons and complaint, a judgment by default may be entered against the defendant.
• A default hearing will be scheduled by the court.

The Court will schedule a bench trial if the defendant files an answer.

• The parties must appear with any witnesses and evidence that are necessary to prove their cases.
• A WRITTEN NOTARIZED, OUT OF COURT STATEMENT FROM A WITNESS CANNOT BE USED AS EVIDENCE. A WITNESS MUST APPEAR IN PERSON IN COURT TO TESTIFY.
• There is a charge of $8.00 per subpoena if issued by the Court.
• The Court does not provide a court reporter. You must make appropriate arrangements.

Either party has the right to request a jury trial. The jury trial request must be submitted in writing at least five (5) working days prior to the date of the hearing.

A transcript of judgment will be issued with specific instructions about the enforcement of the judgment.

• It may be recorded immediately at the Clerk of Courts office.
• The Execution Against Property Order may be filed with the Chester County Sheriff's Office thirty (30) days after notice of judgment.
• The recorded judgment will remain valid and enforceable for a period of ten (10) years and accrues interest at the rate of 12% from the date of judgment.
• When the judgment is satisfied, the plaintiff must notify the Clerk of Courts office so that the judgment may be removed.

A motion for a new trial must be received by the Court in writing within five (5) days after notice of the judgment.

An appeal must be filed in writing within thirty (30) days from the notice of judgment. There is a filing fee, and it must be filed with the Court of Common Pleas. The notice of appeal must be personally served on the Magistrate Court and the opposing party.

If you request a jury trial, you are required to appear at a pre-trial conference prior to the setting of the jury trial date.

At a pre-trial conference you will have the opportunity:

1. for the parties to meet to discuss the case and attempt to work out a resolution
2. to inform the court of certain required information for the planning of the trial
3. to perform a jury strike, an essential part of the process for picking the jury

Most jury trials are scheduled within 2 to 4 weeks of the request.

You also could see a judge as soon as possible if you wish to plead guilty of the charges against you and work out a reasonable scheduled payment plan prior to your scheduled court date.

You are required to keep the court notified of any change of address and phone number until the completion of the case.

Bond Hearings Take Place Two Times a Day
9:30AM and 3:30PM
Sunday - Saturday

Bond Hearing Location
Chester County Magistrate Court
2740 Dawson Drive
Chester, SC 29706

Two things are usually accomplished during a Bond Hearing:

1. The defendant is advised of the nature of the charges and is also advised of the rights afforded to him by the law.
2. A bond is set by the magistrate.

A Magistrate Cannot Set a Bond for Capital Offenses and/or Violent Crimes

If a defendant is charged with a capital offense, or one which might be punishable by life imprisonment, however, the magistrate, by law, cannot set the bond. It must be set by a Circuit Court Judge. Also, the magistrate might deny bond in certain cases involving violent crimes.

Bond Hearing Facts

• Defendants are not required to enter a plea at the bond proceeding.
• Bond proceedings are governed by several statutes and an order from the Chief Justice, with which every magistrate must comply.
• Any person charged with a noncapital offense is entitled to be released on a personal recognizance bond, without surety, unless the court determines in its discretion that such a release will not reasonably assure the appearance of the person as required or unreasonable danger to the community will result.
• Victims are entitled to attend bond hearings and/or advise the magistrate of problems they anticipate encountering if a defendant is released on bond.

Preliminary Hearings Take Place Once a Month

Bond Hearing Location
Chester County Magistrate Court
2740 Dawson Drive
Chester, SC 29706

Preliminary Hearing Facts

• Pursuant to Rule 2 of the South Carolina Rules of Criminal Procedure, every defendant charged in a warrant or uniform summons with an offense triable in the General Sessions Court is entitled to a preliminary hearing solely to determine whether sufficient evidence exists to warrant the defendant's detention and trial.
• The defendant or his attorney may cross-examine, or question, any witnesses who testify at a preliminary hearing, but defendants cannot testify, present evidence, or call witnesses.
• If the State does not present sufficient evidence at the preliminary hearing nor has no evidence to establish probable cause, the defendant is discharged.
• A discharge by a magistrate at a preliminary hearing, however, does not prevent the State from seeking a direct indictment for the same charge before the grand jury.
• If neither the defendant nor his attorney appears for the preliminary hearing, the hearing will be deemed waived.

All persons receiving a jury summons should appear at the time and place listed unless they have been excused by the presiding judge. This summons will be sent via Mail from the U.S. Postal Service.

Exemption Form

If you think you qualify for exemption from jury duty, please fill out the form included with your summons and mail it back in with the appropriate paperwork and wait for further instructions by the court.

Valid Exemptions

Valid excuses for exemption include age, having young children and no childcare, physical, or mental restrictions, recent jury service, etc. The court may, for good reason, delay your service to a later date at the judge's discretion.

Jury selection and trials are conducted in the same day. Most cases only last for one full day or less, however, if the trial exceeds a one-day period, you will be given instructions for the remainder of the week by the court and expected to return promptly, as instructed.

• I've seen the terms "Summary Court" and "Magistrates' Courts." What's the difference?

  These terms are used interchangeably to refer to courts which are presided over by a Magistrate. The administrative support staff for the Magistrates' Courts is always referred to as "Summary Courts Administration."

• What kinds of civil cases are heard in Magistrates' Courts?

  Magistrates hear several types of civil cases. The most familiar is probably the Small Claims case. Small Claims cases are disputes involving $7,500 or less (in money or value of property). Magistrates' Courts also handle Evictions, Pre-Distress Warrants, Claim and Delivery, Landlord/Tenant disputes, Public Sales on Abandoned Property, and issue restraining orders.

• Can I get a jury trial in Magistrates' Courts?

  Yes, you are legally entitled to a jury trial IF YOU REQUEST ONE. If you wish to make such a request, you should speak to the clerk in charge at the Magistrates' Court where your case is being heard. The judge will arrange for a trial date, and a six-member jury will be selected for this purpose.

• How do I file a criminal case?

  Individuals do not file criminal charges. A criminal proceeding is initiated by the government, usually through the Chester County Sheriff's Department. Allegations of criminal behavior should be brought to local police, sheriff's department, FBI, or another appropriate law enforcement agency.

• When is a case a matter for "Small Claims," and when is it "Common Pleas?"

  When the amount or value of property in dispute is less than $7,500, the matter is filed and heard in Small Claims Court.

• How do I file a Small Claims case? Is there a charge?

  A Small Claims action is commenced by the filing and service of a summons and complaint, together with the appropriate filing fees. Parties instituting a Small Claims action are required to pay the filing fee at the time the case is filed. The current fee is $80. Complaints may be accompanied by an application to proceed in forma pauperis, meaning that the plaintiff is incapable of paying the filing fee. Summons and complaint forms are available at Chester Magistrate Court or online under the forms tab.

• How do I collect the $50 my neighbor owes me for cleaning his yard and baby-sitting his children?

  To collect monies owed to you, you must file a summons and complaint at one of the two Small Claims Courts in Chester County. This will require a filing fee, and you must provide a current address for the person from whom you wish to collect. The Small Claims Court can handle civil claims of up to $7,500.

• Where Do I file a Small Claims Case?

  Small Claims cases (civil claims under $7,500) are filed at Chester County Magistrate Court, located at 2740 Dawson Drive, Chester, SC 29706 and is open Monday through Friday from 8:30 AM to 4:30 PM.

• I have a judgment from Small Claims Court. How do I have it executed?

  Transcripts of Judgment are filed with the Clerk of Court; executions against property are performed by the County Sheriff. Simply bring in your transcript of judgment and file it with the clerk, along with an execution form that must be filled out by you or your attorney. The clerk will sign and seal the execution. Because cases from a lower court may be appealed for 30 days following the judgment, you must wait 30 days before you can have the judgment executed. After the 30-day waiting period, take your transcript of judgment and execution against property to the County Sheriff's office.

• What is a Landlord/Tenant dispute?

  A landlord/tenant dispute is generally filed by the tenant against the landlord, for such issues as failure to maintain the rental property, unlawful eviction, or other such complaint. There is a $40 filing fee for Landlord/tenant disputes.

• How do I go about evicting a renter for non-payment of rent?

  A landlord may file for eviction in Magistrates' Courts. You should contact the Magistrates' Court nearest you for information regarding jurisdiction; the court staff will help you in determining which Magistrates' Court is the one in which you should file your case. You may also obtain the proper forms from the Court. The entire process is in two parts and may take from 15 to 40 days to complete.

  Application for eviction may only be made for one of three reasons:

  1. The tenant fails or refuses to pay rent when due or demanded.
  2. A term or condition of the lease has been violated. In such an instance, the landlord must be able to provide the section of the lease which has been violated.
  3. The term of tenancy or occupancy has ended.

  It is important to note that you may not file for an Eviction until the tenant is more than five days delinquent in paying their rent (that is, on the sixth day following the day the rent was due) and after you have given proper statutory notice to the tenant. In South Carolina, a verbal rental agreement is as valid as a written contract, so it is not necessary to have a written lease agreement. However, in situations where there is a written agreement, the terms of the lease may take precedence over the Landlord/Tenant act. In other words, if you have a written agreement that gives your tenant fifteen days in which to pay, you cannot file for eviction until the fifteen days have passed.

  A $40 filing fee is attached to the first application, which is the Affidavit and Application of Ejectment and Rule to Show Cause. This paper gives the tenant 10 days from the date of service to settle with the landlord, move, or request a hearing to show cause why s/he should not be evicted. If the tenant does not settle, move, or request the Show Cause hearing at the end of this period, the landlord should make the application for the second paper of the eviction process, which is titled a Writ (or Warrant) Of Ejectment. There is a second $10 filing fee required with this paper. The Court prepares the paperwork, and a constable will serve the tenant. This second notice gives the tenant 5 days to settle or vacate. If the tenant fails to respond after 5 days, the landlord may call the court's office to schedule an eviction (put-out) date with the Constable.

• When can I evict a renter for non-payment of rent?

  On the sixth day of the month, if the tenant has not paid rent, the landlord can file for eviction, so long as the landlord has given proper statutory notice to the tenant. In South Carolina courts, a month-to-month or verbal agreement is as valid as a written contract.

• What is a Claim and Delivery case?

  A Claim and Delivery suit is filed when you wish to repossess certain kinds of property. For example, a furniture rental company may wish to repossess a sofa when the renter fails to make his/her rental payments. Claim and Delivery suits are also commonly filed by finance companies. There is a $65 filing fee for this type of case. You may obtain the proper forms and pay the filing fee in the Magistrates' Court for the area in which the property is located. If you are unsure about which Magistrates' Court serves your area, call any Magistrates' Court for information.

• What is a Pre-Distress Warrant?

  A Pre-Distress Warrant is generally filed when the plaintiff wishes to seize property belonging to the defendant, in situations where the defendant is the plaintiff's tenant. There is a $40 filing fee for a Pre-Distress Warrant. If a warrant is granted by the judge, any monies collected from the sale of the defendant's property can ONLY be used to cover the amount of rent which is overdue. Pre-Distress warrants are usually (though not always) filed in conjunction with an Eviction.

• What is a Sale on Abandoned Property?

  This type of case is generally filed by towing companies or storage facilities in situations where property such as a vehicle, boat, furniture, or other personal property has been abandoned by the person named as the defendant. The property must be abandoned for a period of 30 days before the case can be filed. The purpose of such a case is to receive permission from the court to sell the property and keep the proceeds to cover the storage charges. There is a filing fee of $35 payable upon the filing of the case.

• How does a person file an appeal on a civil case?

  The Court of Common Pleas handles appeals from Small Claims and other Magistrate civil cases. You have 30 days in which to file an appeal on a civil case. Appeals on civil cases are automatically scheduled as non-jury matters, but you can always ask for a jury trial if you wish. Civil appeals are placed on the court's roster and will come before a judge based on the date the appeal was filed. Civil appeals do not take precedence over any other Common Pleas case.

• How does a person file an appeal on a criminal case?

  You have ten days from the date of your trial to file your appeal with the Magistrates' Court where your case was heard. The Magistrate must then issue his Return and submit it along with your appeal to the Clerk of Court within thirty days. A Circuit Judge will then review the appeal along with the Magistrates Return and render his/her decision.

• What is an "expungement"?

  An "Expungement" is the destruction or obliteration of criminal records relating to an arrest or a conviction. South Carolina law allows for the destruction of arrest and/or conviction information under the following limited circumstances.

  • EXPUNGEMENTS INIATED IN SUMMARY COURTS:
    Pursuant to South Carolina Code of Laws § 17-1-40, the arrest and booking record, files, mug shots, and fingerprints of any person, who after being charged with a criminal offense and such charge is discharged or proceedings against such person dismissed or is found to be innocent of such charge, shall be destroyed and no evidence of such record pertaining to such charge shall be retained by any municipal, county or State law enforcement agency. This does not apply to cases where there was not an arrest and fingerprint record created.
  • DISMISSAL OR NON-CONVICTION OF OFFENSE
    Pursuant to South Carolina Code of Laws § 17-1-40, the arrest and booking record, files, mug shots, and fingerprints of any person, who after being charged with a criminal offense and such charge is discharged or proceedings against such person dismissed or is found to be innocent of such charge, shall be destroyed and no evidence of such record pertaining to such charge shall be retained by any municipal, county or State law enforcement agency.
  • SUCCESSFUL COMPLETION OF PRE-TRIAL INTERVENTION
    Pre-trial Intervention is a diversion program for first-time non-violent criminal offenders. Participants are required to perform, among other things, community restitution and make monetary restitution to their victims. South Carolina Code of Laws § 17-22-150 allows offenders, who successfully complete the pretrial intervention program to apply to the court for an order to destroy all official records relating to his arrest. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest. No person, as to whom the order has been entered, may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest in response to any inquiry made of him for any purpose.
  • FRAUDULENT CHECKS
    After a first offense conviction of fraudulent intent in drawing check, draft or other written order, the defendant may, after one year from the date of the conviction, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony (that is, any check valued more than Five Thousand Dollars). If the defendant has had no other conviction during the one-year period following the conviction under this section, the court shall issue an order expunging the records. No person has any rights under this section more than one time. See South Carolina Code of Laws § 34-11-90(e).
  • SIMPLE POSSESSION OF MARIJUANA - First Offense
    Pursuant to South Carolina Code of Laws § 44-53-450(b), any person who has been sentenced to a "Conditional Discharge" for their first offense of simple possession of marijuana, may, upon completion of the sentencing requirements, apply to the court for an order to expunge from all official records all information relating to his arrest, indictment, trial, finding of guilty, and dismissal and discharge pursuant to this section. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose.
  • FIRST OFFENSE CONVICTIONS IN MAGISTRATE'S OR MUNICIPAL COURT
    Under South Carolina Code of Laws § 22-5-910, a defendant may apply three years after the date of the conviction for an order expunging the records of the arrest and conviction of a first offense conviction in a magistrate's court or a municipal court.
    
    However, this section does not apply to any of the following offenses:
    • Offenses involving the operation of a motor vehicle.
    • Violations of Title 50 (Fish, Game and Watercraft) or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized.
    • Offenses contained in Chapter 25 of Title 16 (Criminal Domestic Violence) except first offense criminal domestic violence as contained in Section 16-25-20, which may be expunged five years from the date of the conviction.
    • If the defendant has had no other conviction during the three-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once.

  The office of the South Carolina Court Administration has designed a form Order which must be used for all expungements. The Order must be consented to by the Circuit Solicitor and approved and signed by the Circuit Judge.

  The Solicitor will consent to every case in which a properly completed proposed Order is presented to him along with all documentation, certification from the Court, and prior criminal record check necessary to confirm that the defendant is lawfully entitled to the expungement.

• Can you give me advice about my lawsuit?

  Summary Court staff is not permitted to give legal advice, nor can they give you an opinion regarding your legal questions. Persons seeking advice or acting as their own attorneys should consult the most recent edition of South Carolina Rules of Court or contact the S.C. Senate for Equal Justice at (803) 720-7044.

• How can I find a lawyer?

  For information on attorney referrals, you may contact the S.C. Lawyers Referral Service at (800) 868-2284.

  Defendants in criminal proceedings have a right to a lawyer and are entitled to have counsel appointed at government expense if they are financially unable to obtain adequate representation by private counsel. For more information, contact the Chester County Public Defenders Office (803) 385-3232. There is no right to free legal assistance in civil proceedings. Some litigants proceed pro se; that is, they represent themselves before the court. It is common for litigants in Magistrates' Civil and Small Claims cases to act as their own attorneys.

• Can you recommend an attorney or law firm to me?

  Personnel in the Magistrates' Courts are prohibited from referring you to an attorney.

• Can I act as my own attorney when filing a case?

  Yes, you have the right to act as your own attorney. Magistrates' Court office staff cannot give you any advice regarding the law, however they can explain court procedures to you so that you may make a more informed decision.

• How can I check on the status of my case? Can I review case files?

  Your lawyer, who likely is familiar with local court practice, is your best resource. If you are acting as your own attorney, you may call or visit the Magistrates' Court where your case is filed. Generally, all documents filed in Magistrates' Courts are public records and are available at the court in which they were filed. Many of the Magistrates' Courts case records are available at this Web site through the Interactive Search for Public Access Cases.

• How can I find out when my case is coming up for trial (or another scheduled event such as a hearing)?

  You can check on the events for which your case has been scheduled by linking to our Interactive Search for Public Access Cases and inquiring on your case number (if known) or by your name. You may also wish to contact the clerk at the Magistrates' Court at which your case is scheduled to be heard.

• Do you provide case and judgment information to companies such as credit bureaus?

  The clerks are unable to look up and give out case information to credit bureaus and other companies. While this information is available to the public, companies with an interest in obtaining such information must perform the research themselves. All the information is available via public access computer terminals in the Chester County Clerk of Court's office or through Public Access Case Inquiry features available at this web site.