The Magistrates Court is a summary court of limited civil jurisdiction.
There are more than 300 magistrates in South Carolina, who are appointed by the Governor for four-year terms upon the advice and consent of the Senate.
Small Claims ($7,500 or less)
Magistrates have jurisdiction over most cases and claims when the amount in controversy does not exceed $7,500.
Recovery of Personal Property
A "claim and delivery" is an action for the recovery of specific personal property wrongfully taken or withheld from its rightful owner. Damages that result from the taking or possession of the property may also be recovered. If return or recovery of the property is not possible, then the value of the property may be recovered.
The South Carolina Residential Landlord and Tenant Act applies to residential rental agreements, regardless of whether a written lease agreement exists.
Landlords and tenants both have obligations under the Landlord-Tenant Act. Most importantly, a tenant must pay rent and a landlord must maintain the rental unit. Either the landlord or the tenant may be able to recover money damages and attorney's fees for a violation of a rental agreement or the Landlord-Tenant Act.
Contact Ingram Law Firm if you are either a landlord or a tenant and have a landlord-tenant matter that may need to be resolved in Magistrates Court.