Palmetto Plain

South Carolina · H.4813 / Act 155

Magistrate court fees (H.4813, Act 155): higher civil filing, eviction and service fees in SC magistrates courts starting Jan. 1, 2027

Signed May 15, 2026 ยท Takes effect Jan. 1, 2027

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The short version

  • Starting January 1, 2027, several fees and costs collected in South Carolina magistrates courts go up under Act No. 155 (H.4813).
  • The fee for issuing a summons and giving judgment in a civil action rises from $45 to $65. The fee for a landlord's proceedings against a tenant, including notices to quit, eviction orders and recovery of rent, rises from $20 to $40.
  • The state assessment on summons-and-complaint filings rises from $25 to $40, and on other civil filings (except restraining orders) from $10 to $15. Fees for serving papers, executions and filing other papers also go up.
  • The act says the county fee increases must add to, not replace, existing money for magistrates court facilities, staff and security. It also lets magistrate eligibility exam results stay valid longer.
Status
Law. Signed by the Governor May 15, 2026; ratified as R206, Act No. 155. Takes effect January 1, 2027.
Official source
SC Legislature, 2025-2026 Bill 4813 (Act No. 155), Magistrate court fees and costs
S.C. Code Title 8, Chapter 21 (Fees and Costs), current text

What it does

The act amends four sections of the S.C. Code: Sections 8-21-1010 and 8-21-1060 (fees and costs collected by magistrates), Section 22-3-340 (assessments on magistrates court filings) and Section 22-2-5 (magistrate eligibility exams). (Act No. 155, title) Fees under Sections 8-21-1010 and 8-21-1060 are deposited in the county’s general fund. (§§ 8-21-1010(A), 8-21-1060(A)) The changes, comparing the current code with the ratified act:

  • Civil summons and judgment. “In all civil actions, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing”: $45 to $65. (§ 8-21-1010(A)(6))
  • Landlord-tenant proceedings. “For proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents”: $20 to $40. (§ 8-21-1010(A)(9))
  • Executions. Issuing an execution and renewing it: $10 to $20. Levying execution, posting notice of sale, conducting the sale and paying over proceeds: $10 to $20. (§§ 8-21-1010(A)(7), 8-21-1060(A)(7))
  • Serving papers. Serving a summons, rule, order or notice by a magistrate in a civil action: from $5 plus mileage to $20 (the new text does not include “plus mileage” for this item). (§ 8-21-1060(A)(4))
  • Bonds and other papers. Receiving and filing a bond in claim and delivery or attachment: $5 to $10. Filing or issuing any other paper not listed in the section: $5 to $10. (§ 8-21-1010(A)(3), (14))
  • State assessments on filings. The assessment on all summons and complaint filings in magistrates court rises from $25 to $40, and on all other civil filings (except restraining orders) from $10 to $15. This money goes through the county treasurer to the State Treasurer for the judicial department. (§ 22-3-340)
  • Unchanged items. Other listed fees stay the same, such as $2 for administering and certifying oaths, $3 plus mileage for summoning a witness in a civil action, and $5 for summoning a civil jury panel. (§§ 8-21-1010(A)(4), 8-21-1060(A)(1)–(2))
  • Where the new money goes. Any increase in these fees and costs that takes effect January 1, 2027, “must be used to supplement, and not supplant, existing funds” for the facilities, personnel and (for Section 8-21-1010) security needed to run the magistrates courts in each county. (§§ 8-21-1010(C), 8-21-1060(B))
  • Magistrate eligibility exams. People seeking an initial appointment as magistrate take an eligibility exam, and the results are used in choosing nominees. Results will stay valid for 18 months before and 18 months after the appointment, up from six months. (§ 22-2-5(A))

Who it affects

  • People who file civil cases in magistrates court. Magistrates hear civil cases including contract claims for money, and claims for damages to a person or property, of up to $7,500. (S.C. Code § 22-3-10)
  • Landlords and tenants in proceedings such as notices to quit, eviction orders and recovery of rent in magistrates court. (§ 8-21-1010(A)(9))
  • Counties and the state judicial department, which receive the fees and assessments, and people seeking appointment as magistrates. (§§ 8-21-1010, 22-3-340, 22-2-5)

What it means for you

  • Filing before or after January 1. The higher amounts apply once the act takes effect on January 1, 2027. Until then, the current amounts in the S.C. Code apply. (Act Section 4; S.C. Code §§ 8-21-1010, 8-21-1060, 22-3-340)
  • Criminal jury trials. The act keeps the rule that fees or costs may not be charged to a party for summoning jurors or jury service in a criminal case tried by a jury. (§ 8-21-1010(B))
  • Related law. A separate 2026 law, Act No. 214 (H.4270), also takes effect January 1, 2027. It requires eviction filings and records to be removed from the public index and publicly accessible files seven years after final disposition or filing if no additional filing is recorded. (SC Legislature, 2026 list of acts; Act No. 214)

Current status

H.4813 was prefiled December 16, 2025. The House passed it on second reading 99–10 on February 18, 2026, and gave it third reading February 19. The Senate amended it and passed it 42–3 on second reading May 5, and the House agreed to the Senate’s changes 100–0 on May 7. It was ratified May 14 (R206) and signed by the Governor on May 15, 2026, as Act No. 155. (Bill history)

What happens next

The act takes effect on January 1, 2027. (Act Section 4)

Sources

Legislators connected to this bill

Current members listed as sponsors on the official bill page, or with a sourced public statement about it. Details and sources are on each member page.

SC House

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Every statement above is drawn from the official source text linked here; section references are shown in grey. This is a plain-English summary, not legal advice. Spot an error? Tell us.