Court Of Common Pleas FAQs

Court of Common Pleas
Frequently Asked Questions

P.O. Box 70219
2144 Melbourne Avenue - Room 117
North Charleston, SC 29418
Phone: (843) 740-5700 Fax: (843) 740-5887

Q: Can you give me legal advice?

No; the Clerk of Court's office staff is not permitted to give legal advice. Persons seeking advice or acting as their own attornies should consult the most recent edition of South Carolina Rules of Court and follow the Rules of Civil Procedure, or contact the Neighborhood Legal Assistance Program at (843) 722-0107. Back to Top

Hiring an Attorney

Q: Can you recommend an attorney or law firm?

No; the Clerk of Court's office staff is prohibited from referring you to an attorney.

Q: Can I act as my own attorney when filing a case?

Yes; You have the right to act as your own attorney, but our office cannot give you any advice as to the law or procedures.

Q: How can I find a lawyer?

For information on attorney referrals you may contact the S.C. Lawyers Referral Service at (800) 868-2284. Defendants in criminal proceedings have a right to a lawyer, and are entitled to have counsel appointed at government expense if they are financially unable to obtain adequate representation by private counsel. For more information, contact the Charleston County Public Defender's Office at (843) 740-5750. There is no right to free legal assistance in civil proceedings. Some litigants proceed pro se; that is, they represent themselves before the court. Back to Top

Filing Cases

Q: What is the cost for filing a civil case?

Parties instituting a civil action in a circuit court are required to pay the filing fee at the time the case is filed. The current fee is $70 for most civil actions; a fee of $5.00 is assessed for the filing of a Lis Pendens. Complaints may be accompanied by an application to proceed in forma pauperis, meaning that the plaintiff is incapable of paying the filing fee.

Q: Do I file Small Claims cases in your office?

Small Claims cases are filed with one of the two Small Claims Courts in Charleston County.

Q: When is a case a matter for "Small Claims", and when is it "Common Pleas"?

Generally speaking, when the amount or value of property in dispute is less than $7,500 the matter is filed and heard in Small Claims Court.

Q: What is the Master-in-Equity Court? Can I have my case heard there? Is it faster?

The Master-in-Equity Court provides a relatively quick and inexpensive means of litigation resolution for Civil, non-jury matters. Parties may not initiate action in the Master's Court, however. Only cases assigned by the Circuit Court through an Order of Reference may be heard by the Master-in-Equity. The Master's Court hears most foreclosure cases, and a sizable number of other civil, non-jury cases such as land partitions, judicial sales, and actions to collect on judgments. Any case which could otherwise be heard in the Court of Common Pleas wihout a jury can be referred to the Master, and anyone filing a civil case who waives the right to a jury trial can ask to have their case referred to Master-in-Equity Court.

Q: How do I file a criminal case?

Individuals do not file criminal charges. A criminal proceeding is initiated by the government, usually through the Charleston County Solicitor's Office in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to local police, sheriff's department, FBI, or other appropriate law enforcement agency. For more information on Criminal procedings, Click here to access information on the Court of General Sessions. Back to Top

Case Inquiries

Q: How can I check on the status of my case? Can I review case files?

All documents filed with the court are public records and are available through the clerk's office. Some documents are sealed by special court order, and some documents are confidential by operation of law, such as grand jury materials and criminal files relating to juveniles.
As the keeper of court records, the clerk's office responds to most inquiries on the status of a case once given the specific case number or a party name. Inquiries for information and requests to examine dockets, case files, exhibits, and other records are made at the clerk's office in room 117 at 2144 Melbourne Ave. in North Charleston. Family Court records are retained in the clerk's office on the 2nd floor of the O.T. Wallace County Office Building at 2 Courthouse Square, in downtown Charleston. Inquiries often are made by phone. A fee of $ .25 a page also is assessed for providing copies of court documents. Older case documents may only be available on microfilm. The Clerk of Court also provides public access terminals which allow for the search and retrieval of case-related information.

This same information is available through our Interactive Search for Public Access Cases at this WEB site. Automated access to case-related information is available free of charge, 24 hours a day.

Q: How can I find out when my case is coming up for trial (or another scheduled event such as a motion hearing?)

You can check on the events for which your case has been scheduled by linking to our Interactive Search for Public Access Cases and inquiring on your case number (if known) or by your name. Once your case has been located, the system will allow you to the Event Screen for a complete list of all scheduled events for your case. You can also check the Civil Jury Trial and Civil Non-Jury Trial Rosters, available at this WEB site. Finally, you can call the Docket Information line at (843) 740-5712.

Q: Do you provide case and judgment information to companies such as credit bureaus?

The Clerk of Court is unable to look up and give out case information to credit bureaus and other companies. While this information is available to the public, companies with an interest in obtaining such information must perform the research themselves. All the information is available via public access computer terminals in our offices, or through Public Access Case Inquiry features available at this WEB site. Back to Top

Bankruptcy

Q: Are bankruptcy procedings handled in the Court of Common Pleas?

Bankruptcy procedings are an action of the U.S. Bankruptcy Court for the District of South Carolina. For more information you should contact the US District Court Clerk's office at (843) 579-1401. Back to Top

Traffic Tickets

Q: Where do I go to pay my traffic ticket?

Traffic tickets are handled by Magistrate's Court (also called Summary Courts) in Charleston County. There are 18 magistrates' courts in Charleston County. All but four of these courts handle traffic citations. Instructions telling you which court you must appear in are on the copy of the ticket you received. For more information you may link to the Magistrates' Court Page at this site. Back to Top

Appeals

Q: Can you tell me how to appeal a case from another (lower) court?

The Court of Common Pleas handles appeals from Small Claims and other Magistrates' Courts, and some administrative agencies. It will be necessary for you to pay a filing fee at the time you file the appeal, if you are appealing a Civil case. Appeals on Civil cases are automatically scheduled as Non-Jury matters.

Q: What if I want to appeal a case?

Cases tried or otherwise disposed in the Court of Common Pleas in Charleston County are appealed to the South Carolina State Supreme Court. Appeals are filed with the Clerk of the State Supreme Court. Back to Top

Jury Service

Q: I received a summons for jury duty. How can I get more information?

For additional information regarding jury service, Click here to visit our Jury Service Information page. Back to Top

Tax Liens

Q: Does your office provide information pertaining to any of the following?

Federal and State tax leins
Records of land transactions
Filing general partnership forms

The Clerk of Court in Charleston County does not file or maintain any of these records. For information regarding any of these items, you should contact the RMC (Registrar of Mesne Conveyance) Office located in the O.T. Wallace County Office Building in downtown Charleston. Their phone number is (843) 958-4800. Back to Top

Restraining Orders

Q: Is this where I come to get a restraining order?

Restraining Orders are generally obtained through a Magistrate's Court. You should contact the Magistrate for the area in which the offender lives. For a complete list of Magistrate's Courts and their locations, click here to link to the directory of Magistrate's Courts or click here for further information on Magistrates' restraining orders.

If you are seeking a restraining order because of an incidence of domestic abuse, you should contact Family Court. Remember, if you are in immediate distress or danger, always dial 911.

Child Support

Q: Where do I go to make my child support payments?

Child Support payments are accepted at Family Court, located on the second floor of the O.T. Wallace County Office Building in downtown Charleston, and at the central office for the Charleston County Clerk of Court, located in Room 117 of the Russell Building, at 2144 Melbourne Avenue, in North Charleston. Payments may also be mailed in to the Family Court address. Please remember that a payment stub must accompany all payments.

Q: May I pay my child support with a personal check or credit card?

The only accepted types of payment are cash, money order, certified checks, or wage garnishments. Back to Top