South Carolina lawyer costs and court fees
Short answer
South Carolina has small claims cases up to $7,500, a 3-year personal injury filing deadline, a divorce filing fee of $150. Clio does not publish a South Carolina rate; the national average is $349 an hour. Below are the verified court fees, deadlines, fee-cap rules and free-help options, each linked to its official source.
South Carolina legal costs at a glance
| Small claims limit | $7,500[1][2] |
|---|---|
| Small claims filing fee | $45 statutory magistrate fee for summons and judgment (S.C. Code § 8-21-1010(A)(6)); the total charged may be higher because of other assessments.[1][2] |
| Circuit Court (Court of Common Pleas) civil filing fee | $150 ($100 under S.C. Code § 8-21-310(C)(1) plus $50 under § 14-1-204(B)(1))[3] |
| Divorce filing fee | $150[2] |
| Personal injury deadline | 3 years (S.C. Code § 15-3-530(5))[4] |
| Attorney fee caps | No statewide percentage cap identified in our review |
| Average lawyer rate | No South Carolina figure published; national average $349/hour[5] |
What lawyers charge in South Carolina
Clio publishes state-level averages for only some states, and South Carolina is not one of them. The national average billed rate in Clio's 2025 data is $349 per hour[5]. We do not publish an invented South Carolina figure: ask two or three local lawyers for their hourly rate and compare it with the national number.
Illustrative budget at $349/hour (not a quote): a 1-hour consultation ≈ $349; a 5-hour document review ≈ $1,745; a 20-hour contested matter ≈ $6,980, before court fees and expenses. Many lawyers quote flat fees for routine work instead; see hourly vs flat fees.
Small claims court in South Carolina
Small claims cases are heard in the Magistrates (Summary) Court. You can ask for up to $7,500[1][2]. Counterclaims that push the total above the limit are transferred to Circuit Court (S.C. Code § 22-3-30).
- Filing fee: $45 statutory magistrate fee for summons and judgment (S.C. Code § 8-21-1010(A)(6)); the total charged may be higher because of other assessments.
- Serving the other side: $5 plus mileage for serving a summons by a constable (S.C. Code § 8-21-1060(4)).
See how South Carolina compares with other states in our 50-state small claims table.
Court filing fees
Circuit Court (Court of Common Pleas): $150 ($100 under S.C. Code § 8-21-310(C)(1) plus $50 under § 14-1-204(B)(1))[3]
Divorce: $150[2] Based on the general fees for a first complaint or petition in courts of record ($100 under § 8-21-310(C)(1) plus $50 under § 14-1-204); the statute does not name divorce specifically. Family court motions cost $25 each (§ 8-21-320).
If you cannot afford a filing fee, every state lets you ask the court to waive it; the form is usually called a fee waiver or an application to proceed without paying fees. Our divorce cost guide compares filing fees across states.
Deadlines and attorney fee rules
Personal injury filing deadline: 3 years (S.C. Code § 15-3-530(5))[4]. Exceptions exist (for example for minors, government defendants and medical claims), so check with a lawyer before the deadline gets close.
Contingency and fee caps: we did not find a statewide percentage cap in South Carolina. Fees must still be reasonable under the state's version of ABA Model Rule 1.5, and contingency agreements must be in writing.
If you disagree with a lawyer's bill: the SC Bar Resolution of Fee Disputes handles fee disputes between clients and lawyers.
Free and low-cost legal help in South Carolina
- Legal aid: South Carolina Legal Services. Programs funded by the Legal Services Corporation generally serve households at or below 125% of the federal poverty guidelines; in 2026 that is $19,950 a year for one person and $41,250 for a family of four in the 48 contiguous states[6].
- Lawyer referral: SC Bar Lawyer Referral Service — max $50 for 30-minute consult.
- Before you hire: read what consultations cost and options if you can't afford a lawyer.
Frequently asked questions
What is the small claims limit in South Carolina?
$7,500, in the Magistrates (Summary) Court. Counterclaims that push the total above the limit are transferred to Circuit Court (S.C. Code § 22-3-30).
How much does it cost to file a small claims case in South Carolina?
$45 statutory magistrate fee for summons and judgment (S.C. Code § 8-21-1010(A)(6)); the total charged may be higher because of other assessments. Service of the papers usually costs extra.
How long do I have to file a personal injury lawsuit in South Carolina?
Generally 3 years (S.C. Code § 15-3-530(5)). Exceptions apply, so talk to a lawyer well before the deadline.
How much is the divorce filing fee in South Carolina?
$150. Based on the general fees for a first complaint or petition in courts of record ($100 under § 8-21-310(C)(1) plus $50 under § 14-1-204); the statute does not name divorce specifically. Family court motions cost $25 each (§ 8-21-320). You can ask the court to waive fees if you cannot afford them.
What can I do if I think my South Carolina lawyer overcharged me?
Ask the lawyer for an itemized bill first. If that does not resolve it, the SC Bar Resolution of Fee Disputes handles fee disputes between clients and lawyers.
Sources
- S.C. Code Title 22, Chapter 3 (checked October 11, 2026)
- S.C. Code Title 8, Chapter 21 (checked October 11, 2026)
- S.C. Code Title 14, Chapter 1 (checked October 11, 2026)
- S.C. Code Title 15, Chapter 3 (checked October 11, 2026)
- Clio, Compare Lawyer Rates (2025 Legal Trends data) (checked October 11, 2026)
- Federal Register: LSC income guidelines (2026) (checked October 11, 2026)