What is the statute of limitations for filing a claim in small claims court?

The statute of limitations for filing a claim in small claims court in South Carolina is three years. This means that a claimant has three years from the date of the incident or occurrence to file a claim, or else they will be barred from their legal remedy. When filing a claim in small claims court, the claimant must be able to prove that they are legally entitled to the relief or damages that they are claiming. This means that the claimant must provide documentation, such as a purchase receipt, that proves their claim. If the claimant cannot provide such documentation, they must state why they are unable to provide it. It is important to note, however, that the three-year statute of limitations does not apply in all circumstances. In some cases, the court has the authority to extend the statute of limitations. For example, if the claimant can demonstrate that they were unable to file the claim within the three-year window due to extraordinary circumstances, such as mental illness or active military duty, then they may be able to get more time to file their claim. Overall, the statute of limitations for filing a claim in small claims court in South Carolina is three years from the date of the incident or occurrence. This means that a claimant must file their claim within this time frame or else risk being barred from their legal remedy. However, the court retained the authority to extend the statute of limitations in certain circumstances.

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