You must go to the Magistrate’s Office in the District where the tenant lives to file.
The value of property to be claimed cannot exceed $7,500 in value. The Magistrate’s Court has no jurisdiction in property belonging to married or common-law parties. The process can take anywhere from 30 to 60 days from the date of filing until the ruling on the court date.
The magistrate courts have jurisdiction to entertain interpleader actions arising from real estate contracts for the recovery of earnest money, only if the sum claimed does not exceed $7,500. Generally, interpleader is an equitable remedy in which a person, who owes or is in possession of money or property in which he disclaims any title or interest but which is claimed by two or more persons, prays that the claimants be compelled to state their several claims, so that the court may adjudge to whom the matter or thing in controversy belongs.
Magistrates have the authority to conduct sales pursuant to Section 29-15-10 to enforce repair and/or storage liens. An owner of any storage place or repair shop who stores or repairs any property or who furnishes any material for repairs has a lien on that property in the amount of the bill for storage or repairs.
Upon the completion of repairs or the expiration of the Storage Contract and the failure of the owner of the property to claim the goods and satisfy his debt to the lienholder, the lienholder may have such property sold at public sale to the highest bidder upon the giving of written notice of his claims, to the owner and any lienholders with perfected security interests, and the expiration of 30 days.
The plaintiff/individual that is filing the action, may file for a person to be restrained from their home, job location, or school. Section 16-3-1750 (B) provides that an action for a restraining order must be filed in the county in which one of the following occurs:
The plaintiff may obtain a Restraining Order Form in the Regional Magistrate Office where the defendant lives or where the harassment took place. Counseling and shelter services for victims of abuse are available at Court Appointed Special Advocates ( CASA ). If you would like to contact CASA in regards to their services, they can be reached at 803-535-3351.
Summary ejectment of trespassers may be used to remove a person from the premises when there is no landlord/tenant relationship. Examples of when summary ejectment could be used would include the following:
A Notice to Quit the Premises must be served on the trespasser. Personal service on the defendant is required. If, after the expiration of five days from the personal service of such notice, the trespasser does not leave the premises, then the magistrate shall issue a warrant of ejectment to any sheriff or constable to eject the trespasser using such force as may be necessary.
The plaintiff must provide the Court with a clear and accurate legal name and street address for the defendant. Route and box numbers are not acceptable. If filing against a business, determine whether the business is incorporated or privately owned. If privately owned, list the owner’s full legal name. If incorporated, list the agent of service name and address for service of process. The plaintiff must file at the Magistrate’s Office where the defendant lives.
The Magistrate’s Court Jurisdictional Limit is $7,500. The "plaintiff", is the individual or business filing the complaint. The "defendant", is the individual or business who the complaint is filed against.