EVERY DEADLINE
75 periods South Carolina law measures, gathered out of the file and put in order, shortest first. Each one says what starts it, whose period it is, and what the law attaches to it. The shortest here is 24 hours. The longest is 10 years.
Every period on this page is stated by a section of the file and carries that section's own authority. None of it is a calculation: a period that turns on facts, on service, or on a court's discretion is described the way the section describes it and no further.
75 deadlines
Traffic stops3
15 days
The department acting on a cancelled policy
- From
- The department receiving notice that a policy was cancelled or ended
- Whose
- The Department of Motor Vehicles
The department suspends the owner's driving privileges, plate and registration and acts within fifteen days to pick up the plate and certificate, giving notice by first class mail. An owner who was in fact insured may show it, and the suspension is voided.
15 days
The written crash report where no officer investigated
- From
- The crash
- Whose
- The operator or owner
Where a crash with an injury, a death or apparent damage of $1,000 or more was not investigated by an officer, a written report with verification of liability insurance goes to the Department of Motor Vehicles. Not sending it verified is prima facie evidence the vehicle was uninsured.
12 months before
How long driver's points count in full
- From
- The latest violation, counted back
- Whose
- The Department of Motor Vehicles
Points from violations in the twelve months before the latest one count in full, those from twelve to twenty-four months before count at half, and older ones do not count.
Being stopped2
48 hours
The facility sending emergency admission papers to the probate court
- From
- The person's emergency admission, not counting Saturdays, Sundays and legal holidays
- Whose
- The admitting facility
The affidavit and the physician's certificate go to the probate court, which within forty-eight hours of receiving them reviews the evidence for probable cause and either orders release or orders continued detention in writing.
15 days
The full hearing after an emergency admission
- From
- The date of admission
- Whose
- The probate court
Where the designated examiners report that the person is mentally ill and needs involuntary treatment, the court appoints counsel if none is retained and holds a full hearing within fifteen days of the admission.
Impaired driving1
30 days
Asking for a hearing on a DUI suspension
- From
- The notice of suspension being issued
- Whose
- The driver
A person told of a suspension after a test or a refusal has the right to request a contested case hearing within thirty days. A person who does not, or whose suspension is upheld, enrolls in an Alcohol and Drug Safety Action Program.
Court and money32
At least 24 hours before
Posting a public body's agenda
- From
- The meeting, counted back
- Whose
- The public body
The agenda for a regular or special meeting is posted on a bulletin board at the office or meeting place, and on the body's website if it has one, at least twenty-four hours before. Nothing may be added without another twenty-four hours notice.
48 hours
The last paycheck after leaving a job
- From
- The employee's separation from the payroll, for any reason
- Whose
- The employer
All wages due are paid within forty-eight hours, or by the next regular payday if that is no more than thirty days away. Failing to pay may cost the employer three times the unpaid wages, plus costs and attorney's fees.
3 days
The parents' conference after a school suspension
- From
- The date of the suspension
- Whose
- The school administrator
The administrator notifies the parents in writing with the reason and sets a conference within three days, after which the parents may appeal to the board of trustees.
At least 7 calendar days before
Written notice of a change in pay terms
- From
- The change taking effect, counted back
- Whose
- The employer
Changes to the agreed hours, wages, time and place of payment or deductions are made in writing at least seven calendar days before they take effect. Raises are excepted.
10 days
A missed payment before the creditor may send a notice of the right to cure
- From
- The default for a missed payment
- Whose
- The creditor
After a consumer has been in default for ten days for failing to make a payment, and has not surrendered the collateral, the creditor may give the written notice of the right to cure.
10 days
Appealing an unemployment determination
- From
- The determination being mailed to the last known address
- Whose
- The claimant or an affected employer
An appeal from an initial determination or redetermination is filed not later than ten days after it was mailed; a request for reconsideration has the same ten days.
10 days
Serving the complaint on the employer
- From
- The commission receiving the complaint
- Whose
- The Human Affairs Commission
The commission serves a copy of the complaint on the respondent within ten days, or, for good cause, notice of its date, place and circumstances.
10 days
Taking an appeal tribunal's decision to the Appellate Panel
- From
- The tribunal's decision being mailed
- Whose
- A party
The tribunal's decision is the department's final decision unless a further appeal to the Appellate Panel is started within ten days after it is mailed.
11 days before, by 5:00 p.m.
Returning an absentee ballot application
- From
- The election, counted back
- Whose
- The voter
A completed application to vote absentee reaches the county board of voter registration and elections by 5:00 p.m. on the eleventh day before the election.
At least 14 days
Paying after the storage facility's demand
- From
- Delivery of the facility's written notice
- Whose
- The occupant
The notice demands payment within a specified time of not less than fourteen days after delivery, and states that the property will be sold if the claim is not paid and that partial payment does not stop the sale.
15 days
The expulsion hearing and decision
- From
- The written notice of the hearing
- Whose
- The school board
The hearing takes place within fifteen days of the written notice and a decision is rendered within ten days of the hearing; the parents may see the full investigative file at least three days before.
20 days
Curing a missed payment after the notice
- From
- The notice of the right to cure being given
- Whose
- The consumer
Until twenty days after the notice, the creditor may neither accelerate the balance nor take the collateral for a missed payment, and the consumer may cure by paying all unpaid sums then due plus any unpaid delinquency charges.
30 days
A repair or storage shop selling a vehicle left with it
- From
- Written notice to the owner and lienholder that the repairs are done or the storage contract has ended
- Whose
- The shop
After thirty days, the shop may have the article sold at public auction by a magistrate; storage charges before notice of its location is sent are limited to seven business days.
30 days
An employer asking for review of a child labor fine
- From
- The employer receiving the director's notice by certified mail
- Whose
- The employer
The director's findings and the amount of the fine become final unless the employer asks the director in writing for a review within thirty days, after which a hearing is held under the Administrative Procedures Act.
30 days
Collecting a small estate by affidavit
- From
- The death
- Whose
- The successor
Once thirty days have passed, anyone holding the person's property or owing them money pays or delivers it on an affidavit, countersigned by the probate judge, stating the probate estate is worth no more than $45,000 and no personal representative has been sought.
30 days before
Registering to vote before an election
- From
- The election, counted back
- Whose
- The voter
The registration books close thirty days before each election and stay closed until it has taken place; a person who comes of age in that window may register before the books close.
30 days
Seeking review of the department's decision in court
- From
- The department's decision being mailed
- Whose
- A party
An action for review is brought in the Administrative Law Court within thirty days, where the department's supported findings of fact are conclusive and the court decides questions of law.
Up to 31 days
How long a payday lender may hold the check
- From
- The lender accepting the check
- Whose
- The lender
A licensee may defer presentment of a check for up to thirty-one days, and may not renew or extend it past the date in the written agreement.
50 days
A storage facility enforcing its lien
- From
- The occupant's default beginning
- Whose
- The storage facility
After fifty days of continuous default, with notice given once rent is fourteen or more days past due, the owner may advertise the contents for public sale once a week for two weeks.
90 days
Notice of a repetitive trauma injury
- From
- Discovering, or being able with reasonable diligence to discover, that the condition is compensable
- Whose
- The employee
Notice of a repetitive trauma injury is given within ninety days of that discovery, unless the commission accepts a reasonable excuse and is satisfied the employer was not unduly prejudiced.
90 days
Telling the employer about an injury at work
- From
- The accident, or the death it caused
- Whose
- The injured employee or a representative
No compensation is payable unless notice is given within ninety days, unless the commission accepts a reasonable excuse and is satisfied the employer was not prejudiced. Notice is due immediately, or as soon as practicable.
90 days
The state deciding an unclaimed property claim
- From
- The claim being filed
- Whose
- The administrator
The administrator considers each claim within ninety days after it is filed and gives written notice if it is denied in whole or in part.
180 days
A sworn complaint of employment discrimination
- From
- The alleged discriminatory practice
- Whose
- The person complaining
The complaint is made in writing, under oath or affirmation, to the Human Affairs Commission within one hundred eighty days. Staff help put a verbal complaint into writing.
8 months
Creditors presenting claims after the published notice
- From
- The first publication of the notice to creditors
- Whose
- The decedent's creditors
Creditors present their claims within eight months after the first publication of the notice or are forever barred.
12 months
The lemon law's warranty window
- From
- The purchase, or until the first twelve thousand miles, whichever comes first
- Whose
- The buyer of a new car
A defect reported to the manufacturer within the first twelve months or the first twelve thousand miles, whichever occurs first, is repaired at no cost, even if the repair comes after the term ends.
1 year
The outside limit on claims against an estate
- From
- The decedent's death
- Whose
- The decedent's creditors
A claim that arose before the death is barred against the estate, the heirs and the beneficiaries unless presented within one year after the death, or sooner where a notice set an earlier deadline.
2 years
Filing a workers' compensation claim
- From
- The accident, or the death if the accident caused it
- Whose
- The employee or the family
The right to compensation is barred unless a claim is filed with the commission within two years. For an occupational disease the two years run from a definitive diagnosis and notice of it, and a claim may be filed by registered mail.
3 years
Bringing a wrongful death action
- From
- The death
- Whose
- The executor or administrator
An action for death by wrongful act is brought within three years, the period beginning to run on the death.
3 years
Suing for unpaid wages
- From
- The wages becoming due
- Whose
- The employee
A civil action for wages, which may recover three times the unpaid amount plus costs and attorney's fees, must be started within three years.
3 years
Suing on a contract or a debt
- From
- The claim arising
- Whose
- The creditor or other claimant
An action on a contract, obligation or liability, express or implied, is brought within three years; a part payment or written acknowledgment is evidence that keeps the bar from applying.
3 years
Suing over an unfair or deceptive practice
- From
- Discovery of the unlawful conduct
- Whose
- The person who lost money or property
No action may be brought under the Unfair Trade Practices Act more than three years after the conduct is discovered; a willful violation brings three times the actual damages.
3 years
Suing under the lemon law
- From
- The original delivery of the vehicle to the consumer
- Whose
- The buyer of a new car
Any action under the chapter is started within three years following original delivery, and a consumer who prevails may recover costs and attorney's fees.
Your home30
24 hours
Leaving voluntarily after a writ of ejectment is presented
- From
- The officer presenting a copy of the writ to the occupants
- Whose
- The occupants
If the occupants have not left within twenty-four hours, the officer announces his identity and purpose, and a deputy sheriff, though not a constable, may enter by force using the least destructive means. The officer may grant a delay for ill or elderly tenants.
At least 24 hours
Notice of a landlord's entry
- From
- The landlord's notice of intent to enter
- Whose
- The landlord
Apart from emergencies and the scheduled and requested services the section names, the landlord gives at least twenty-four hours notice and enters only at reasonable times.
24 hours
The department's investigation after emergency protective custody
- From
- The child being taken into emergency protective custody
- Whose
- The Department of Social Services
The department investigates whether there are grounds for legal custody, whether removal can be avoided and whether a relative can take the child; the period may be extended by up to twenty-four additional hours for record checks on a relative.
48 hours
Belongings put on a public street after an eviction
- From
- The belongings being placed on the street, not counting Saturdays, Sundays and holidays
- Whose
- Municipal or county officials
After forty-eight hours the officials remove the property, and may remove it sooner in ordinary trash collection. The notice of eviction must clearly tell the tenant this.
5 days
Paying rent before the landlord may end the agreement
- From
- The date the rent was due
- Whose
- The tenant
If rent is not paid within five days of the due date, the landlord may end the rental agreement, provided written notice of the nonpayment and of the intent to end it was given; one such notice, or conspicuous language in a written agreement, satisfies that for the whole lease.
At least 7 days before
Ending a week to week tenancy
- From
- The termination date named in the notice, counted back
- Whose
- The landlord or the tenant
Either side may end a week to week tenancy by written notice given at least seven days before the termination date it names.
10 days
Answering the magistrate's rule to vacate or show cause
- From
- A copy of the rule being served on the tenant
- Whose
- The tenant
The rule requires the tenant to vacate or show cause before the magistrate why not. A tenant who does not appear and show cause within the ten days is ejected under a warrant of ejectment.
10 days
Executing and returning a search warrant
- From
- The date on the warrant
- Whose
- The officer executing it
A warrant is executed, and the return made, only within ten days after it is dated. The officer makes a signed inventory of anything seized and gives a copy to the person it was taken from on demand.
10 days
Telling the landlord a retaliation defense is coming
- From
- Service of the rule to vacate or show cause
- Whose
- The tenant
A tenant who intends to raise retaliation as a defense in an action for possession notifies the landlord in writing of that intent within ten days.
14 days
Fixing a breach of the park rules after written notice
- From
- The owner's written notice of the violation
- Whose
- The resident
Not remedying a violation of the rental agreement or park rules within fourteen days after written notice is a ground for eviction; the owner may allow more time in good faith where the remedy takes longer.
14 days
The landlord remedying a breach after the tenant's notice
- From
- The landlord receiving the tenant's written notice
- Whose
- The landlord
For a material noncompliance, or one with the maintenance section affecting health and safety, the agreement ends on the date in the tenant's notice, at least fourteen days after receipt, unless the landlord adequately remedies the breach before it.
At least 14 days
The landlord's notice of a breach other than rent
- From
- The tenant receiving the landlord's written notice
- Whose
- The tenant
For a breach materially affecting health and safety, the agreement ends on the date in the notice unless the tenant adequately remedies the breach in fourteen days, or begins a remedy that takes longer within that time and pursues it in good faith.
15 days
The hearing on a petition for an order of protection
- From
- The petition being filed
- Whose
- The family court
If no emergency hearing is held, the court must grant a hearing within fifteen days of filing, with the petition served at least five days before; an emergency hearing may come within twenty-four hours after service on good cause.
30 days
Appealing to the county board of assessment appeals
- From
- The date of the assessor's written response to the protest
- Whose
- The property owner
The owner appeals by giving the assessor written notice of intent to appeal; the board holds a conference within thirty days of the notice, with at least thirty days' written notice to both sides.
At least 30 days before
Ending a month to month tenancy
- From
- The termination date named in the notice, counted back
- Whose
- The landlord or the tenant
Either side may end a month to month tenancy by written notice given at least thirty days before the termination date it names. A tenant who stays on without consent after it may face an action for possession.
At least 30 days before
Notice of new lot rent in a manufactured home park
- From
- The new rate taking effect, counted back
- Whose
- The park owner
When a tenancy continues past its original term, the resident is given notice at least thirty days before a new rental rate takes effect.
30 days
The bidding on a foreclosure sale staying open
- From
- The day after the sale
- Whose
- Anyone other than the highest bidder
The bidding at a judicial foreclosure sale stays open until the thirtieth day after the sale, not counting the day of sale, and a higher bid may be entered with the required deposit; the bidding reopens at eleven o'clock that day.
30 days
The itemized deposit notice, and the deposit, after a tenancy ends
- From
- The tenancy ending and possession being delivered, or the tenant's demand, whichever is later
- Whose
- The landlord
Any deduction from the deposit is itemized in a written notice sent with the amount due, if any. A landlord who fails to return prepaid rent or the deposit with that notice may owe the tenant three times the amount wrongfully withheld, and reasonable attorney's fees.
30 days
The park owner returning the deposit
- From
- The tenancy ending
- Whose
- The park owner
Deductions from the deposit are itemized in a written notice within thirty days; money wrongly withheld can be recovered at three times the amount, with reasonable attorney's fees.
30 days
The written protest after the assessor's conference
- From
- The date of the conference with the assessor
- Whose
- The property owner
If the conference does not settle the matter, the owner files a written protest with the facts, the reasons and the value the owner puts on the property; the assessor answers in writing within thirty days of receiving it.
90 days
Objecting to a property tax assessment notice
- From
- The assessor mailing the assessment notice
- Whose
- The property owner
In a year with a notice, the owner gives the assessor written notice of objection to the value, the ratio or the assessment within ninety days; a written request to meet with the assessor counts as one.
90 days
Serving and filing a mechanics' lien statement
- From
- The claimant ceasing to work or to furnish labor or materials
- Whose
- The person claiming the lien
The lien is dissolved unless the sworn statement of the amount due is served on the owner, or the person in possession, and filed with the register of deeds or clerk of court within ninety days.
3 months
The earliest final divorce decree
- From
- The complaint being filed
- Whose
- The family court
No final decree is granted before three months after the complaint is filed; on the grounds of desertion or a year's separation, the hearing may be held once the answer is filed or the defendant is in default.
180 days
Filing a housing discrimination complaint
- From
- The discriminatory housing practice
- Whose
- The person harmed
A written, verified complaint goes to the Human Affairs Commission within one hundred eighty days; within thirty days the commission investigates and says whether it will try to resolve it.
Not less than 6 months nor more than 1 year
How long an order of protection lasts
- From
- The order being issued
- Whose
- The parties
An order of protection is for a fixed time of not less than six months nor more than one year, and may be extended or ended on a motion showing good cause.
6 months
Suing to enforce a mechanics' lien
- From
- The claimant ceasing to work or to furnish labor or materials
- Whose
- The person claiming the lien
Unless a suit to enforce the lien is started and notice of pendency filed within six months, the lien is dissolved, and it may be released by the affidavit the section describes.
12 months
Redeeming a house sold at a tax sale
- From
- The date of the delinquent tax sale
- Whose
- The owner, a grantee, or a mortgage or judgment creditor
The property is redeemed by paying the taxes, penalties and costs with interest on the bid, which rises from three percent of the bid amount in the first three months to twelve percent of the bid amount in the last three months. Otherwise a tax title goes to the buyer.
1 year
Suing over housing discrimination
- From
- The discriminatory housing practice
- Whose
- The person harmed
A civil action must be started within one year after the practice, whether or not a complaint was filed, and may bring actual and punitive damages.
2 years
Suing to recover land sold for taxes
- From
- The date of the tax sale
- Whose
- The former owner
An action to recover land sold under the chapter, or its possession, must be brought within two years from the date of sale, and the tax deed is prima facie evidence of good title.
10 years
Suing to recover land held by someone else
- From
- The last time the plaintiff, or someone the claim comes through, was seized or possessed of the land
- Whose
- The owner
No action to recover land or its possession may be maintained unless the plaintiff or a predecessor was seized or possessed of it within ten years before the action.
Carrying a firearm2
30 days
Appealing a permit denial
- From
- The denial notice being received
- Whose
- The applicant
The appeal is made in writing to the Chief of SLED, stating its basis, within thirty days. The chief decides in writing within ten days, and an adverse decision may be reviewed by the Administrative Law Court on a petition filed within thirty days of its delivery.
90 days
SLED's answer on a concealed weapon permit
- From
- SLED receiving the application
- Whose
- SLED
SLED issues a written statement of its reasons to an applicant it denies within ninety days; otherwise it issues the permit. A permit granted because no denial came in that time may later be revoked on written notice of grounds.
Charges and penalties5
24 hours
The bond hearing on a domestic violence charge
- From
- The arrest
- Whose
- The court
The bond hearing for a charge under the domestic violence chapter must occur within twenty-four hours after the arrest, and may not go ahead without the criminal record and incident report or the arresting officer present.
15 days
The hearing on a harassment or stalking restraining order
- From
- The complaint and motion being filed
- Whose
- The magistrates court
The court holds the hearing within fifteen days of filing, and not sooner than five days after the defendant is served.
30 days
The competency examination after the judge orders it
- From
- The examiners' receipt of the court's order
- Whose
- The designated examiners
Two designated examiners examine a defendant whose fitness to stand trial is in doubt within thirty days, and report to the court within ten days of the examination.
75 days
Applying for pretrial intervention
- From
- Service of the warrant, or ten days after counsel is appointed
- Whose
- The defendant
An offender applies no later than seventy-five days after service of the warrant or within ten days following appointment of counsel, unless the solicitor or the judge waives the deadline.
Up to 180 days
Restoration treatment for a defendant likely to become fit
- From
- The start of restoration treatment
- Whose
- The Office of Mental Health
A defendant found unfit but likely to become fit is treated for up to one hundred eighty days; if still unfit at the end, the solicitor starts judicial admission proceedings within fourteen days, not counting weekends and holidays.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed South Carolina attorney.