What South Carolina’s Courts Actually Handle: A Resident’s Guide to the Judicial Department

You got a traffic ticket in Columbia, a landlord just posted a paper on your door, or you’re trying to figure out where to file divorce papers. The building might be called a courthouse, but which court inside handles your kind of problem is what matters in South Carolina. Here’s the practical, line-by-line version of how the state’s Judicial Department is organized and what each part actually does, with real fees, addresses, and hours you can use.

Start here: who hears what, and where your case really belongs

South Carolina’s Judicial Department runs one unified state court system with several parts that work like stations in the same rail yard. The trial courts handle cases first, the appellate courts review them later. Day to day, most residents will touch four trial-level stops: Magistrate Court, Municipal Court, Family Court, and Probate Court. Larger civil lawsuits and felony criminal cases sit in Circuit Court (split into the Court of Common Pleas for civil and General Sessions for criminal), and appeals go to the Court of Appeals or the South Carolina Supreme Court.

If your dispute is a “small claims” style civil fight, Magistrate Court is your station. The civil jurisdiction tops out at $7,500, and that cap is written into state law. Landlord-tenant matters are a special lane in Magistrate Court and do not have a dollar cap for getting possession of the property, which is why eviction filings go there even if the rent owed is higher than the small-claims limit.

Municipal Courts sit inside cities and take care of city-level traffic tickets and ordinance violations. In Columbia, for example, you’ll deal with the Columbia Municipal Court at 811 Washington Street; the payment windows and drive‑thru operate Monday through Friday, 7:30 a.m. to 5:00 p.m., and they accept cash, money orders, certified checks, and cards at the window. If your citation lists that court, paying or contesting it there is the right move.

Family issues are routed to Family Court. That is where divorces, custody, support, and domestic-abuse orders of protection are filed. South Carolina sets a standard $150 filing fee for starting most Family Court actions like divorce. There’s no fee to file a response to a case someone else started, and certain filings by legal aid lawyers are fee-exempt with the required certification attached.

Probate Court handles the life paperwork: estates after someone dies, adult guardianships and conservatorships, and marriage licenses. In Richland County, the Probate Court’s Marriage License Division lists the marriage license at $45.24, with a legally required 24‑hour waiting period before it’s released. The counter is in the Richland County Judicial Center at 1701 Main St., 2nd Floor, Suite 207, open Monday through Friday 8:30 a.m. to 5:00 p.m.

Everyday scenarios, translated into the right window

Small claims, car repairs gone bad, deposit disputes

When you want money up to $7,500 or the return of personal property worth up to $7,500, you file in Magistrate Court. By statute, the fee “for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing” in a civil action is $65. On top of that, there is a statewide assessment on filings in Magistrate Court. As of 2026, the assessment is $40 on a new summons-and-complaint filing and $15 on other civil filings, with restraining orders exempt. Add service fees for getting the papers to the other side, and you’ve got a realistic first‑filing total.

Two useful wrinkles many people miss: if the other side files a counterclaim that would push the case over $7,500 and they win that point, the law requires the whole matter be moved to the Circuit Court docket. And if you win a money judgment in Magistrate Court and want a lien on the defendant’s real estate, you can file a certified transcript of the judgment with the Circuit Court clerk for the county; it becomes a Circuit Court judgment from the time it’s docketed.

Evictions and rent

Evictions under the Residential Landlord and Tenant Act are filed in Magistrate Court. The state fee category is explicit: “proceedings by a landlord or lessor against a tenant” carry a filing fee of $40, plus service costs. Because landlord-tenant cases in Magistrate Court are not bound by the $7,500 cap for the possession piece, a landlord can file there even when the back rent number is higher. Tenants can file counterclaims that fit within Magistrate civil jurisdiction; a counterclaim over the limit triggers transfer to Circuit Court for the entire case.

Traffic tickets and municipal code citations

City police and code officers write tickets to Municipal Court. In Columbia, if you’re paying your ticket in person, the cashier and drive‑thru at 811 Washington Street keep 7:30 a.m. to 5:00 p.m. weekday hours. The court also posts weekend and holiday availability for specific functions on its site, and it runs bond court on a set daily schedule. Paying by mail requires a cashier’s check or money order, and you must include the ticket number to get proper credit.

Marriage licenses and estate matters

Probate Court issues marriage licenses and manages estates. South Carolina law requires a 24‑hour wait between application and license issuance statewide, so you cannot walk in and marry the same day. In Columbia, the marriage license fee is currently $45.24; in Charleston County, the Marriage License Division lists a $70 application fee when paying by credit card, plus a card transaction fee, and it reiterates the same 24‑hour state waiting period. Both counties let you apply online, but your license is only valid for ceremonies performed in South Carolina.

Orders of protection and restraining orders

There are two different tools for personal safety, and they live in different courts. If the respondent is a “family or household member,” you seek an Order of Protection in Family Court. State law waives the filing fee for these petitions, and the Family Court clerk cannot charge you to submit one. If the conduct is harassment or stalking by someone who is not a household member, you file a Restraining Order case in Magistrate Court. The filing itself carries no upfront fee, by statute. Courts commonly order the non‑prevailing party to pay a standard court cost after the hearing; many materials put that amount at $55, which aligns with how summary‑court costs are assessed.

The statewide infrastructure the Judicial Department actually runs

South Carolina’s Judicial Department doesn’t just own the courtroom calendars. It also provides the public records portals, clerk instructions, and e‑filing that glue the system together. The Supreme Court Clerk’s Office runs Monday through Friday, 8:30 a.m. to 5:00 p.m. at the Supreme Court Building, 1231 Gervais Street, Columbia. That office manages appellate filings, publishes opinions, and handles bar admissions. If you need to physically deliver an appellate filing or check an administrative notice in person, those are the hours and the door you’re looking for.

The Judicial Branch also operates the county-by-county Public Index, which is where most people look up Circuit and Family Court case numbers, parties, and docket events. Many Municipal and Magistrate Courts also feed records into the same statewide system, and the Branch publishes a current list of which municipal courts are on the platform. If you don’t see your case there, it typically means that court is not integrated in that county or in that division yet.

For lawyers and courts that have it, South Carolina’s e‑filing system allows attorneys to open and file civil cases in the Court of Common Pleas in participating counties. Registration runs through the Attorney Information System, and the e‑filing portal itself shows which counties are live. The statewide fee law allows the Judicial Department to collect a specific e‑filing amount set by order of the Chief Justice in addition to normal filing fees, so an online case opening can include the base fee, the court‑fund assessment, and the e‑filing amount in one transaction.

Fees, forms, and exceptions that catch people off guard

The fee grid in South Carolina is mostly written in law, which means it is public and specific. A few examples people run into again and again:

• Family Court case starts: Filing a divorce, annulment, or separate support action costs $150. Defendants do not pay to file an answer in a court of record. Fees for certain filings may be waived when a lawyer submits the required legal‑aid certification under the court rules.
• Magistrate Court civil starts: The per‑case “summons and judgment” fee is $65. A statewide assessment of $40 applies to summons‑and‑complaint filings and $15 to other civil filings, based on the 2026 update. Restraining orders are exempt from those assessments.
• Eviction filings: The landlord‑tenant fee line is $40 for the filing itself, plus service costs. Possession claims are allowed in Magistrate Court regardless of the rent total.
• Expungements after a dismissal or not‑guilty in General Sessions: The $250 administrative fee to the Solicitor’s Office is waived for expungements under the dismissal or not‑guilty statute. The statute also waives the $25 SLED verification fee for those same dismissals and certain other categories. In Magistrate and Municipal Courts, the Clerk’s Office does not charge a filing fee when the charge was dismissed, nolle prossed, or you were found not guilty and you use the summary‑court expungement application form.
• Marriage licenses: Richland County lists $45.24 for a marriage license with a 24‑hour wait. Charleston County’s Marriage License Division says $70 by credit card plus a transaction fee, also with a 24‑hour wait.

Timing also matters. If you lost a case in Magistrate Court, the law gives you 30 days from the judgment to appeal. New‑trial motions in Magistrate Court generally must be made within 10 days of the judgment, with special five‑day rules for some landlord‑tenant matters. Missing those windows usually closes the door to that kind of relief.

Two real comparisons most people need to make

Here’s a side‑by‑side you can use to figure out where to file, what it costs, and where to show up in Columbia when that helps.

How to use the system without wasting a trip

Think in terms of the paper you need to hand to a particular clerk, and what clock starts running when you do. If you’re filing a small‑claims case in Magistrate Court, budget for the $65 civil fee and the $40 statewide assessment, then ask the clerk what service options are available and what each costs. If you’re a tenant who has been served with eviction papers, your answer deadline comes quickly; file the written answer on time to get a hearing date, and bring photos, texts, and receipts that show your defenses.

For a traffic ticket, check where the officer sent you. If it says Columbia Municipal Court, the cashier window and drive‑thru at 811 Washington Street run 7:30 a.m.–5:00 p.m. on weekdays. If you prefer mail, use a cashier’s check or money order payable to the City of Columbia and include your ticket number so the payment posts to the right case.

For a marriage license, plan around the state’s 24‑hour wait. In Richland County you can apply online, pay $45.24, and receive the license by mail after the clock runs. Charleston County’s Probate Court Marriage License Division charges $70 by credit card plus a transaction fee and applies the same 24‑hour wait. If you need a certified copy after the ceremony, request it from the same county that issued the license once the officiant’s completed license has been filed.

On expungements, the fee rules are layered and the Judicial Department has broken them out by court level. If your General Sessions charge was dismissed or you were found not guilty under the dismissal statute, the $250 solicitor administrative fee is waived, and the law also waives the $25 SLED verification fee in those situations. For Magistrate and Municipal charges that were dismissed, nolle prossed, or not guilty, the Clerk’s Office does not charge a filing fee when you use the summary‑court expungement form. Other expungement categories still carry the three‑part fee stack: $250 to the Solicitor, $25 to SLED, and $35 to the Clerk of Court, each as its own separate payment.

If you need to physically find the appellate counter, the Supreme Court Clerk’s Office1231 Gervais Street, Columbia, and it keeps 8:30 a.m.–5:00 p.m. weekday hours. That’s also where you call about bar admissions paperwork if you’re a new lawyer or need to check a published order about attorney licensing or court rules.

One last practical difference that saves headaches: a Family Court Order of Protection has no filing fee to start and is aimed at household members. A Magistrate Court restraining order for harassment or stalking also has no upfront filing fee, but courts often order the $55 court cost to be paid by the party who loses at the hearing. If you show up expecting to pay at the window, the clerk may tell you it’s assessed after the judge decides the case.

Quick takeaways

• Small claims live in Magistrate Court up to $7,500; the filing is $65 plus a statewide assessment of $40 on a summons‑and‑complaint and $15 on other civil filings.
• Evictions are Magistrate cases. The landlord filing fee line is $40, and possession claims are not capped by dollars.
• Family Court starts most cases at a flat $150. There is no fee to file a response, and no fee to file an Order of Protection.
• Marriage licenses require a 24‑hour wait. Richland County lists $45.24; Charleston County lists $70 by card plus a transaction fee.
• Expungements after a dismissal or not‑guilty in General Sessions waive the $250 administrative fee and the $25 SLED fee. Summary‑court dismissals use a form with no Clerk filing fee.
• In Columbia, Municipal Court payments at 811 Washington St. run 7:30 a.m.–5:00 p.m. weekdays. The Supreme Court Clerk’s counter at 1231 Gervais St. is open 8:30 a.m.–5:00 p.m. weekdays.

Reader Q&A

Where do I file if my landlord is trying to evict me?

Evictions are filed in Magistrate Court. The filing fee line for the landlord’s case is $40, and possession claims aren’t restricted by the $7,500 civil cap. If you’re answering an eviction, file your written response by the deadline so you get a hearing, then bring any proof that supports your defenses.

Is there a fee to file an Order of Protection for domestic abuse?

No. Family Court does not charge a filing fee to submit a petition for an Order of Protection against a household member. If the conduct is harassment or stalking by someone who is not a household member, you file for a restraining order in Magistrate Court and there is no upfront filing fee there either.

How much does it cost to file for divorce?

South Carolina sets a standard $150 filing fee to start most Family Court actions such as divorce. The person responding to a divorce complaint does not pay to file an answer, and certain filings by legal‑aid attorneys are fee‑exempt with the required certification.

Where do I pay a Columbia traffic ticket in person?

Columbia Municipal Court’s cashier and drive‑thru at 811 Washington Street are open Monday through Friday, 7:30 a.m. to 5:00 p.m. If you mail a payment, use a cashier’s check or money order and include your ticket number so it posts to the right case.

Published: September 9, 2026