An unsuccessful party has the right to appeal against the decision of the District Court to the District Court. When this happens, the District Court will review the case records and determine whether or not the judge made errors in his or her decisions and whether or not the judgment is supported by the evidence. COVID-19 Updates On our website you will find the latest information on dishes, announcements, resources and event changes. District Court staff will help you file your complaint in writing and explain how your case will unfold at the hearing. You are not required to hire a lawyer unless you wish to. Once your written complaint is filed, the judge will issue a subpoena requiring the defendant to file a response with the court within 30 days of receiving your complaint. The subpoena and the complaint are then served on the defendant. If the defendant does not respond to your complaint within the required 30 days, you may be granted a default judgment. If your damages cannot be measured with certainty, you may need to appear in court and provide testimony and evidence to support your claim.
In many cases, the district court acts as a small claims court. For this court to have jurisdiction, your claim cannot exceed $7,500, except in the event of a dispute between landlords and tenants. If you win your case, you will receive a verdict. Let me warn you that even if the court rules in your favor, you may have a hard time raising money from the other person. Indeed, the decision or judgment of a court to award money to a winning party must be enforced by court order in order to seize the losing party`s property and sell those assets at public auction. The money obtained through such a sale of real estate is then given to the person who won in court. The big problem is that the losing party may not own property or their property may have previous claims before you or may be exempt from seizure and sale by law. You should inquire about these things before you file your small claim; Otherwise, you may find that you have wasted your time and money.
The District Court does not accept witness testimony and does not conduct any further hearings. Ask court staff about your right to appeal. The filing fee depends on the county in which the claim is filed. Other fees may also be added for services such as giving a copy of the complaint to the defendant or calling a witness to the trial plus mileage. If the court rules on your claim in your favor, these fees can be added to the judgment you receive. You may be exempt from paying these fees if the judge determines that you are financially unable to do so. This information has been created to give you general information about the law. This is not legal advice on a specific issue.
If you have any questions about the law, you should consult a lawyer. If you don`t know a lawyer, you can call the South Carolina Bar Attorney Referral Service on weekdays between 9 a..m. and 5 p..m m. The number is 799-7100 in Richland or Lexington counties and 1-800-868-2284 in other parts of the state. The burden of proof of your claim is on you. You must be prepared to provide your evidence and all the witnesses you need to support your claim. Don`t let that scare you. The process will be more informal.
While the judge cannot take sides, he or she will not allow anyone to exploit you unfairly during the trial. If the respondent responds to your complaint within 30 days and rejects your request, a hearing will be scheduled. If one of the parties requests a jury trial, it must be requested in writing at least five working days before the date set for the trial […].