How to Get the Small Claims Fee Waived in South Carolina
Can't afford the $80–$140 South Carolina small claims filing fee? Here's how to apply for a court fee waiver — and what to expect.
Can You Get the South Carolina Small Claims Fee Waived?
Yes. South Carolina's Magistrate Court allows low-income filers to apply for a fee waiver using an In Forma Pauperis (IFP) application. If approved, you pay nothing to file — even if the fee would normally be $80–$140. Some courts also waive service and other court costs.
Fee waivers are decided by a judge, not the clerk, and are typically approved quickly. You must apply — the waiver is not automatic.
Step-by-Step: Applying for a Small Claims Fee Waiver in South Carolina
Check if you meet the income threshold
Most South Carolina courts waive fees for filers whose household income is at or below 125%–200% of the federal poverty level. For 2026, that's approximately $18,975/year for a single person and $32,200 for a family of four at 125%. Courts also look at total assets and monthly expenses. If you receive public benefits like Medicaid, SNAP, SSI, or TANF, you likely qualify automatically — your benefits letter may be all you need.
Get the fee waiver application
The form may be called "Application to Waive Court Fees," "IFP Petition," or "Fee Waiver Request." Get it from:
• The Magistrate Court clerk's office
• The court's official website
• A local legal aid office
• The courthouse self-help center (staff can help you fill it out for free)
Complete the form accurately
The application asks for your monthly income from all sources (wages, benefits, child support, rental income), monthly expenses (housing, food, transportation, medical, childcare), total assets (bank balance, property, vehicles), and household size. Be thorough and honest. Understating your income or assets on a fee waiver application can constitute fraud.
Gather supporting documents
Supporting documents strengthen your application:
• Pay stubs from the last 2–3 months
• Most recent tax return (if available)
• Public benefits award letter (Medicaid, SNAP, SSI, etc.)
• Recent bank statements (last 1–2 months)
• Proof of monthly expenses (rent receipts, utility bills)
File the waiver with your claim
Submit the fee waiver application together with your plaintiff's claim form at the Magistrate Court clerk's window. The clerk will accept both without collecting the fee while the waiver is pending. Keep photocopies of everything you submit.
Judge reviews and decides
A judge reviews your fee waiver application — usually within 1–5 business days, sometimes the same day. Three outcomes are possible:
• Full waiver approved: You pay $0 to file
• Partial waiver: You pay a reduced fee
• Denied: You must pay the $80–$140 filing fee in full (you can appeal or request a payment plan)
If your fee waiver is denied
Request a hearing to explain your circumstances to a judge. You can also contact a local legal aid organization for free help — they can often identify documentation that strengthens your case. As an alternative, ask the clerk about paying the $80–$140 fee in installments.
What other fees may be covered
A fee waiver in South Carolina may also cover: service fees (certified mail or process server), hearing continuance fees, and certified copy fees. Ask the clerk specifically which costs are covered. Even if you win your case, you can often request that the court order the defendant to reimburse your court costs — including any fees you did pay.
You can recover fees if you win
Ask the judge to include filing fees and service costs in your judgment. Even if you paid upfront, you can get the money back from the defendant if you win.South Carolina Small Claims — Fee Summary
| Court name | Magistrate Court |
| Filing fee | $80–$140 |
| Maximum claim limit | $7,500 |
| Written contract SOL | 3 years |
| Oral contract SOL | 3 years |