The District Court does not accept testimony and does not conduct any other proceedings. Be sure to ask court staff what your right to appeal is. In many cases, the Magistrate Court functions as a small claims court. For this court to have jurisdiction, your claim cannot exceed $7,500, except in the case of a dispute between landlords and tenants. This information has been created to give you general information about the law. It is not legal advice on a particular issue. If you have any questions about the law, you should consult a lawyer. If you don`t know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100 in Richland or Lexington counties and 1-800-868-2284 in other parts of the state. If you are unable to appear in court on the day of your hearing, you may be able to postpone it. This is called adjournment. District Court staff will help you file your complaint in writing and explain how your case will go through the main hearing.
You don`t have to hire a lawyer unless you want to. The first step in most legal processes starts with paperwork – argh! But we have a free tool (Forms Generator) that can help you find and fill out the right form. At the end of the simple question-and-answer process (called an interview), you can print your forms to bring to your district court and archive. If your country offers e-filing, you can use this option at the end of this process to submit your forms electronically. If you are representing yourself in a criminal case, you may also need to file a plea. You should consult a lawyer before admitting guilt. Visit the Guilty or Not Guilty page for more information. A unsuccessful party has the right to appeal against the decision of the District Court to the District Court. When this happens, the district court reviews the case records and determines whether or not the judge made errors in his decisions and whether or not the verdict is supported by the evidence.
Case law is part of common law legal systems and refers to decisions that establish a new interpretation of the law and are cited as precedent or authority in subsequent court proceedings. Legal words and terms can be confusing. Bailiffs, clerks and lawyers may use different names to refer to the same case. Visit the Legal Notice page for a summary of commonly used legal terms. If you are late or do not appear in court, you will probably lose the case. In this case, you do not have a trial version. If you have to leave the building, note that security may take some time when you re-enter. If your case is called and you cannot be found, the court may assume that you have not appeared.
A bailiff can decide your case in your absence. Depending on the nature of the case, a bailiff may issue an arrest warrant against you, award costs to the other party, or reject a claim if you are not present. Once the respondent receives the complaint, they have 30 days to respond. A defendant`s written response is called a response. When the defendant submits a response, the court will tell you when the trial will take place. If the defendant does not respond in time, you can get a verdict against the defendant without going to court. This is called a default judgment. They should give you what you asked for, as well as your filing fees and other legal fees. The defendant can assert claims against you. They must refer to your claim. A defendant`s claim against a plaintiff is called a counterclaim.
If the defendant makes a counterclaim, the court will send you a copy. The judge may hear both applications at the same time or at different times. If you sue someone, you are the plaintiff. The person or company you are suing is the defendant. The complaint is your written explanation of why the defendant owes you money. When you file your complaint with the court, you file the claim. You file your application with the Magistrate Court of the District Court Registry. The address and telephone number of your local district court can be found in the last point of this brochure. If you win your case, you will receive a verdict. Let me warn you that even if the court rules in your favor, you may have a hard time collecting money from the other person. Indeed, a court`s decision or judgment to award money to a successful party must be enforced by a court order to seize the losing party`s property and sell it at public auction.
The money obtained through such a sale of real estate is then handed over to the person who won in court. The big problem is that the losing party may not own property or their property may have previous claims before you or be legally exempt from seizure and sale. You should learn about these things before you file your small claim. Otherwise, you may find that you have wasted your time and money. Representing oneself can be difficult. You may need to postpone your daily commitments and arrange time to prepare your case. Visiting the court and seeing a case similar to yours can be a great way to understand the court process. The judge may ask you and the defendant to try to resolve the case without trial.
This is called solving your case. As part of the settlement, you and the defendant must decide who will pay the filing fees and court fees. When you reach a settlement, put it in writing. Be sure to tell the judge. Normally, you cannot appeal a case that you have settled. If the court adjourns your case, you will receive a new hearing date. During the current coronavirus situation, please refer to the information on how to contact the court if you are representing yourself. To file your case with the court of first instance, you must first pay an application fee. Registration fees are different for each county. You should call the district court office before filing your complaint and find out how much you will have to pay.
If you can`t afford the filing fee, you can ask the court clerk for an affidavit of the poor. This is a statement that says you cannot afford to pay the registration fee. In some counties, you may need to be approved by a judge. The clerk will tell you how to submit the beggar`s affidavit. The case officer will give you a copy of the complaint and a form called a summons. Bring the summons to the marshal or sheriff. The marshal or sheriff must hand them over to the accused. The process is called service of the defendant. These documents explain to the defendant why you are suing and how to respond to the claim.
If you are suing a business, the court must serve the claim on the registered agent. A company or partnership, as defined in this section, may appoint an employee or principal of the partnership or partnership to represent it before the Magistrates` Court. This designation must be made in writing and submitted to the judge at the time of the filing of the first procedural document on the merits by the party. Notwithstanding the provisions of Chapter 5 of Title 40 or any other provision of the Act, the person so designated shall not exercise this right without authorization when representing the company or society before a magistrates` court. If you decide to represent yourself in court, it is your responsibility to research your case and find the resources to do so. You must ask the court hearing your case for an adjournment and explain why. This should be done as soon as possible or at least three business days before the hearing date. The court of first instance is often called a people`s court because it helps ordinary citizens to represent themselves without a lawyer in cases against other people. Recourse to the trial court is faster, cheaper and more efficient in cases of $15,000 or less. You must address a bailiff as Mr., Mrs. or Your Honour and stand when you speak. It is also entered in the court file when the bailiff enters and leaves the courtroom.
The filing fee is determined by the country where the claim is filed. Other fees may also be added for services such as delivering a copy of the complaint to the defendant or summoning a witness at trial plus mileage. If the court rules in your favor on your claim, these fees may be added to the judgment you receive. You may be exempted from paying these fees if the magistrate determines that you are financially unable to do so. Clerks – called clerks – can explain how the court system works, but they cannot provide legal advice. Further information can be found on the registrars page. Once your written complaint is filed, the judge will issue a summons asking the defendant to file a response with the court within 30 days of receiving your complaint. Both the summons and the application initiating proceedings are then served on the defendant. If the defendant does not respond to your complaint within the required 30 days, a default judgment may be rendered. If your damages cannot be measured with certainty, you may have to appear in court and provide testimony and evidence in support of your claim. A unique aspect of the Magistrate`s Court is that people can represent themselves. For a lawsuit under $7,500, it may not make sense to hire a lawyer to represent you.
In many cases, the legal fees incurred exceed the amount of the original claim. While it is certainly beneficial to be represented by someone who has a legal background, you can represent yourself effectively if you keep a few things in mind: If you win your case, then you need to get the money the defendant owes you. Try to get the accused to pay you immediately. If the defendant pays you, tell the judge. If the defendant does not pay within a reasonable time, you must file a writ of Fieri Facias. This is called Fi-Fa. A Fi-Fa can only help you if the defendant owns property. It would be things like commercial equipment, a car or a building. If the defendant does not own property but has a stable job, you can file a garnishment.