Hurt, wronged, or owed money
THINKING ABOUT SUING
What South Carolina law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
3 years
Suing for an injury to a person or damage to property
- From
- The claim arising; when the clock starts, and whether it was paused, depend on the facts and on other sections
An action for injury to a person, damage to property, or taking goods must be brought within three years, the same period as an action on a contract.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
3 years
Suing for an injury to a person or damage to property
- From
- The claim arising; when the clock starts, and whether it was paused, depend on the facts and on other sections
An action for injury to a person, damage to property, or taking goods must be brought within three years, the same period as an action on a contract.
A written contract
A signed agreement, a lease, a written estimate or invoice.
3 years
Suing on a contract or a debt
- From
- The claim arising
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.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
3 years
Suing on a contract or a debt
- From
- The claim arising
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.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the South Carolina guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
1 year
A verified claim against the State or a political subdivision
- From
- The loss being discovered, or when it should have been
A verified claim under the Tort Claims Act, where one is filed, must be received within one year after the loss was or should have been discovered.
Step 2
2 years, or 3 after a verified claim
Suing the State or a political subdivision
- From
- The loss being discovered, or when it should have been
An action under the chapter is forever barred unless commenced within two years after the loss was or should have been discovered, or within three years where the claimant first filed a verified claim.
SMALL CLAIMS COURT
The limit in South Carolina
Up to $7,500
S.C. Code 22-3-10 — the magistrates court hears claims up to seven thousand five hundred dollars, and every landlord and tenant case
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
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.