The cost of an eviction in South Carolina for all filing, court, and service fees can vary based on service fees. For cases filed in Magistrate Court, the average cost is $115.
| Fee | Magistrate |
| Initial Court Filing | $80 |
| Writ of Ejectment Issuance | $10 |
| Writ of Ejectment Service | ~$25 |
| Notice of Appeal Filing (Optional) | $150 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In South Carolina, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Ejectment Proceeding”) with the court the following business day.
The initial filing fee for an Ejectment Proceeding is $80. It’s important to note that this initial filing fee includes the Summons service fee. The fee breakdown includes the initial filing fee ($45), the Summons service fee ($10), and an imposed fee on all Summons and Complaint filings in Magistrate Court ($25).[ttip number=’1′ icon=’popover-balance’]
2. Writ of Ejectment Issuance Fee
In South Carolina, if the court rules in favor of the landlord, the court shall issue a Writ of Ejectment within 5 calendar days after judgment is entered. The writ is the tenant’s final notice to vacate the premises. The filing fee to issue a Writ of Ejectment is $10.
3. Writ of Ejectment Service Fee
A South Carolina sheriff, constable or special constable must serve the Writ of Ejectment to the tenant. The service fee depends on the county and the writ server.
For example, a sheriff in Charleston County can charge $25 to serve the writ. If a constable is serving a writ, the fees also vary by county. [ttip number=’2′ icon=’popover-balance’]
If the premises appears to be occupied and the tenant does not respond, the constable or sheriff shall leave a copy of the writ taped or stapled to the corner of the front or back door in the most conspicuous place. The sheriff (not the constable) may enter the premises by force), 24 hours after the posting of the writ.
4. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 5 calendar days of the judgment. If the eviction was originally filed in Magistrate Court, the Appeal will be transferred and heard in Circuit Court. The filing fee is $150.
Sources
- 1 SC Code § 22-3-340 (2022)
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An assessment equal to twenty-five dollars is imposed on all summons and complaint filings in magistrates court and an assessment equal to ten dollars is imposed on all other civil filings in magistrates court, except for restraining orders. The fees must be collected by the magistrates court and forwarded monthly to the county treasurer and remitted in turn by the county treasurer to the State Treasurer for allocation to the judicial department.
- 2 SC Code § 8-21-1030 (2022)
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The compensation of all constables in the several counties, including constables appointed by magistrates, shall be fixed by the governing body of the county which shall not be diminished during their terms of office