South Carolina H 4813: Magistrate court fees and costs

Bill Text

2025-2026 Bill 4813 Text of Previous Version (May. 05, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4813

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted

May 5, 2026

H. 4813

Introduced 
by Reps. Pope, C. Mitchell, Robbins and Oremus 

S. Printed 5/5/26--S.

Read the first time February 19, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTIONS 8-21-1010 AND 8-21-1060, BOTH RELATING TO FEES AND COSTS TO BE 
COLLECTED BY MAGISTRATES, BOTH SO AS TO INCREASE VARIOUS FEES AND COSTS; AND BY 
AMENDING SECTION 22-3-340, RELATING TO ASSESSMENTS ON FILINGS IN MAGISTRATES 
COURT, SO AS TO INCREASE THE ASSESSMENT ON SUMMONS AND COMPLAINT FILINGS AND 
ALL OTHER CIVIL FILINGS.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 
1.A. Section 8-21-1010 of the S.C. Code is amended 
to read:

 Section 
8-21-1010. (A) Except as otherwise 
expressly provided, the following fees and costs must be collected by the 
magistrates and deposited in the general fund of the county:

 (1) 
for taking civil recognizance, with or without sureties, five dollars;

 (2) 
for granting an order for civil special bail, with or without sureties, five 
dollars;

 (3) 
for receiving and filing bond in claim and delivery, attachment, five ten dollars; if 
justification of sureties required, an additional five dollars;

 (4) 
for administering and certifying oaths or documents in writing, two dollars;

 (5) 
for issuing any prerogative writ, five dollars;

 (6) 
in all civil actions, for issuing a summons and a copy for defendant, and for 
giving judgment with or without a hearing, forty-five sixty-five dollars;

 (7) 
for issuing execution and renewal thereof, ten twenty dollars;

 (8) 
for making up, certifying, and forwarding a transcript of record and judgment 
in a case for purpose of appeal, ten dollars;

 (9) 
for proceedings by a landlord or lessor against a tenant or lessee, including 
notices to quit, eviction orders, or recovery of rents, 
twenty forty dollars;

 (10) 
for proceedings on a coroner's inquest, as prescribed by law, ten dollars, if 
inquest is demanded by a party other than the State or county or authorized 
officer of either;

 (11) 
for proceeding on estrays, including judgment for possession, sale, or damages, 
ten dollars;

 (12) 
for qualifying appraisers to set off homestead or qualifying sureties on a bond 
posted in a case, including bail bonds, five dollars;

 (13) 
for each tax execution collected, five dollars; and

 (14) 
for filing or issuing any other paper not provided for in this section, five ten dollars.

 (B) 
Fees or costs may not be assessed against a party for summoning jurors or 
expense of jury service in a criminal case in which a trial by jury is had.

 (C) Any increase in fees and costs 
under subsection (A) which takes effect January 1, 2027, must be used to 
supplement, and not supplant, existing funds utilized to provide sufficient 
facilities, personnel, and security for the necessary and proper operation of 
the magistrates courts in each county.

B.Section 8-21-1060 of the S.C. Code is amended to read:

 Section 
8-21-1060. (A) Except as otherwise expressly provided, the following 
fees and costs must be collected by the magistrate or his officers and 
deposited in the general fund of the county:

 (1) 
for summoning a witness to magistrate court in a civil action, three dollars, 
plus mileage at the current state rate;

 (2) 
for summoning the jury panel to try a civil action in magistrate court, five 
dollars, to be taxed against the losing party;

 (3) 
for summoning a coroner's jury and witnesses, five dollars, and mileage, to be 
paid only if inquest is demanded by person other than the State, county, or 
authorized officer thereof;

 (4) 
for serving a summons, rule, order, or notice by a magistrate in a civil 
action, five twenty dollars, plus mileage;

 (5) 
for serving an attachment or civil arrest on a person and making return 
thereof, five dollars, plus mileage;

 (6) 
for selling an estray, five percent of the sale proceeds;

 (7) 
for levying execution, posting notice of sale, conducting sale, and paying over 
proceeds in a magistrate court action, ten twenty dollars;

 (8) 
for serving warrants, or any other criminal process, and for conveying 
prisoners by order of the magistrate or other court, mileage as permitted under 
Section 8-21-1040.

 (B) Any increase in fees and costs 
under subsection (A) which takes effect January 1, 2027, must be used to 
supplement, and not supplant, existing funds utilized to provide sufficient 
facilities and personnel for the necessary and proper operation of the magistrates 
courts in each county.

SECTION 2. Section 22