Frequently Asked Questions - Magistrate Court
As a landlord, how do I file an eviction against my tenant?
I am not a landlord, but I allowed someone to live in my house that now refuses to leave. How can I make them leave?
If a person is occupying your property without consent or is refusing to leave you can file a Notice to Quit Premises. This is when there is no landlord-tenant agreement between the parties (example, a child or boyfriend/girlfriend). Once served with this order, the defendant has 5 days to vacate the property or request a show cause hearing. If they refuse to leave you may obtain a Writ of Possession to have the defendant removed from the property.
Someone has property belonging to me and is refusing to return it. How do I go about getting my property back?
Someone owes me money. How do I file a claim against them?
I was tried in the Magistrate Court and feel that I was not given a fair trial. How do I appeal the case?
How do I obtain a Restraining Order against someone?
How do I file for a Public Sale for an unclaimed vehicle that has been left at my business?
Information for abandoned vehicles
Information for abandoned mobile homes
Information for Expungement Process
Expungement Process in Summary Courts
An "Expungement" is the destruction or obliteration of criminal records relating to an arrest or a conviction. South Carolina law allows for the destruction of arrest and/or conviction information in the Summary Courts under the following limited circumstances:
- The defendant was arrested and fingerprinted for said charge
- The defendant was found not guilty or the charge was dismissed or "Nolle Prossed"
- Not applicable for conditional plea such as PTI, Traffic Education Program or Alcohol Education Program. Those cases, as well as guilty dispositions, require an expungement through the Solicitor’s Office if applicable
- There is no fee in Summary Court
Pursuant to South Carolina Code of Laws § 17-1-40, the arrest and booking record, files, mug shots, and fingerprints of any person, who after being charged with a criminal offense and such charge is discharged or proceedings against such person dismissed or is found to be innocent of such charge, shall be destroyed and no evidence of such record pertaining to such charge shall be retained by any municipal, county or State law enforcement agency.
To request an expungement, please contact the court that handled your case.