South Carolina H 4667: Matthew Cockfield

Bill Text

2025-2026 Bill 4667 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4667

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS 
BY ADDING SECTION 18-7-95 SO AS TO ALLOW APPELLATE COURTS TO PROCEED AS IF A 
MAGISTRATE HAS DIED, BECOME INSANE, OR IS ABSENT IN CASES WHERE THE MAGISTRATE 
FAILS TO COMPLY WITH CERTAIN STATUTES REGARDING MAKING A RETURN TO THE 
APPELLATE COURT; BY AMENDING SECTION 22-3-10, RELATING TO CONCURRENT CIVIL 
JURISDICTION, SO AS TO INCREASE THE CIVIL JURISDICTION OF MAGISTRATES COURT; BY 
AMENDING SECTION 22-3-20, RELATING TO CIVIL ACTIONS WHEN MAGISTRATES HAVE NO 
JURISDICTION, SO AS TO INCREASE THE EXCEPTION FOR PENALTIES OF A CERTAIN 
AMOUNT; AND BY AMENDING SECTION 22-3-340, RELATING TO ASSESSMENTS ON CIVIL 
FILINGS IN MAGISTRATES COURT, SO AS TO INCREASE ASSESSMENTS.

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

SECTION 1. Article 1, Chapter 7, Title 18 
of the S.C. Code is amended by adding:

 Section 
18-7-95. If a magistrate fails to comply with Sections 18-7-60, 18-7-70, or 
18-7-80, or orders issued pursuant to these sections, an appellate court may, 
in its discretion, declare a magistrate absent and proceed pursuant to Section 
18-7-90.

SECTION 2. Section 22-3-10 of the S.C. 
Code is amended to read:

 Section 
22-3-10. Magistrates have concurrent civil 
jurisdiction in the following cases:

 (1) in actions arising on contracts for 
the recovery of money only, if the sum claimed does not exceed seven seventy-four thousand 
five hundred dollars;

 (2) in actions for damages for injury to 
rights pertaining to the person or personal or real property, if the damages 
claimed do not exceed seven seventy-four 
thousand five hundred dollars;

 (3) in actions for a penalty, fine, or 
forfeiture, when the amount claimed or forfeited does not exceed seven seventy-four thousand 
five hundred dollars;

 (4) in actions commenced by attachment 
of property, as provided by statute, if the debt or damages claimed do not 
exceed seven seventy-four thousand 
five hundred dollars;

 (5) in actions upon a bond conditioned 
for the payment of money, not exceeding seven seventy-four thousand five hundred dollars, though the 
penalty exceeds that sum, the judgment to be given for the sum actually due, 
and when the payments are to be made by installments an action may be brought 
for each installment as it becomes due;

 (6) in any action upon a surety bond 
taken by them, when the penalty or amount claimed does not exceed seven seventy-four thousand 
five hundred dollars;

 (7) in any action upon a judgment 
rendered in a court of a magistrate or an inferior court when it is not 
prohibited by the South Carolina Rules of Civil Procedure;

 (8) to take and enter judgment on the 
confession of a defendant in the manner prescribed by law when the amount 
confessed does not exceed seven seventy-four thousand five hundred dollars;

 (9) in any action for damages or for 
fraud in the sale, purchase, or exchange of personal property, if the damages 
claimed do not exceed seven seventy-four 
thousand five hundred dollars;

 (10) in all matters between landlord 
and tenant and the possession of land as provided in Chapters 33 through 41 of 
Title 27;

 (11) in any action to recover the 
possession of personal property claimed, the value of which, as stated in the 
affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seven seventy-four thousand 
five hundred dollars;

 (12) in all actions provided for in 
this section when a filed counterclaim involves a sum not to exceed seven seventy-four thousand 
five hundred dollars, except that this limitation does not apply to 
counterclaims filed in matters between landlord and tenant and the possession 
of land;

 (13) in interpleader actions arising 
from real estate contracts for the recovery of earnest money, only if the sum 
claimed does not exceed seven seventy-four 
thousand five hundred dollars; and

 (14) in actions for damages arising 
from a person's failure to return leased or rented personal property within 
seventy-two hours after the expiration of the lease or rental agreement, such 
damages to be based on the loss of revenue or replacement value of the 
property, whichever is less, if the damages claimed do not exceed seven seventy-four thousand 
five hundred dollars; however, the lease or rental agreement must set forth 
the manner in which the amount of the loss of revenue or replacement value of 
the item leased or rented is calculated.

SECTION 3. Section 22-3-20 of the S.C. 
Code is amended to read:

 Section 
22-3-20. No magistrate shall have cognizance of a 
civil action:

 (1) In which the State is a party, 
except an action for a penalty and not exceedin