Civil Court Information

Pursuant to the Order dated May 6, 2020, the Magistrate Court requires that those pursuing an eviction filing must submit to the Court a signed, original Certification of Compliance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Please submit a completed copy of the below affidavit with your eviction filing. 

Certification of Compliance with CARES Act for Evictions Order

CARES Act Affidavit

Magistrate Court takes filings for:

Magistrate's Jurisdiction is $7500.00 or less.

Filing Fees

Filing Fee $70.00
Service Fee $10.00
Total $80.00

There is no fee for filing a Counterclaim.

Procedures for Filing a Small Claims Suit - Beaufort

Procedures for Filing a Small Claims Suit - Bluffton

Counterclaim Form

Jurisdictional Limit is $7500.00 or less.
Plaintiff must own or have a security interest in the subject property.
Plaintiff must have specific identification of subject property and provide an Affidavit of same.
Plaintiff must send Defendant a 20 day Notice of Default and Consumers Right to Cure notice by certified mail.

Filing Fees

Filing Fee $55.00
Service Fee $10.00
Notary Fee $2.00 (if Needed)
Total $65.00
Pick Up Order $20.00 (After order has been granted)

Claim and Delivery Application - Beaufort

Claim and Delivery Application - Bluffton

Plaintiff/Landlord must have a valid written lease or rental agreement with the Defendant/Tenant to file for an eviction.  If no lease exists but there is a verbal agreement, the Plaintiff/Landlord must give the Defendant/Tenant 30 days’ written notice to vacate by certified mail, return receipt. 

After you file for the ejectment:

The papers are processed and served by a Sheriff’s deputy.  Once the Defendant is served s/he must vacate the premises or appear in court on the scheduled date to show case as to why s/he must not be evicted.

The Plaintiff/Landlord must notify the Court in writing if the Defendant/Tenant has vacated the premises or if the case should be dismissed for any other reason prior to the scheduled court date.  If the Defendant/Tenant does not vacate, the Plaintiff/Landlord must appear in court on the scheduled date.

After the hearing and if so ordered by the judge, a Writ of Ejectment may be requested.  There is a $10.00 fee for the Writ of Ejectment.

If there are other addresses where the Defendant/Tenant may be served other than the residence address, please include them with the Application.


Eviction Application Non-Lawyer - Beaufort

Eviction Application Non-Lawyer - Bluffton

CDC Evictions Order - Effective September 4, 2020

CDC Eviction Declaration

Eject a Trespasser

If there was/is no agreement between the Plaintiff and the Tenant as to rent or other payments for living in the Plaintiff’s property, then an Ejectment of Trespasser must be filed.

The Tenant has 5 days from the date of service to vacate the property or request a hearing. The filing fee is $65.00.

Notice to Quit

To obtain a Restraining Order, Plaintiffs must show a pattern of stalking or harassment as defined by law.

There is no fee for filing for a Restraining Order.  HOWEVER:  THE NON-PREVAILING PARTY WILL BE ASSESSED $55.00 IN COURT COSTS.

Restraining Order - Beaufort

Restraining Order - Bluffton