What defenses can the other party raise in small claims court?

In Small Claims Court in South Carolina, the opposing party can raise a variety of defenses to prevent a successful claim from being awarded. These defenses typically consist of asserting that the claimant is not entitled to recover any monies, goods, or services due to existing circumstances. Some of the most common defenses for the opposing party in Small Claims Court are: 1. Statute of Limitations – This defense states that the claim was not filed within a set amount of time, or the statute of limitations, as set by the State of South Carolina. This means that the opposing party will not be required to pay any monies, goods, or services if the statute of limitations has been exceeded. 2. Payment – This defense states that the opposing party has paid for any monies, goods, or services already, making the claim moot. 3. Lack of Breach of Contract – This defense states that the opposing party has fulfilled all the requirements of a contract and that the claimant cannot prove any breach of contract occurred. 4. Lack of Evidence – This defense states that the claimant is unable to provide sufficient evidence to prove their claim. 5. Judicial Estoppel – This defense states that the opposing party has a prior statement or claim that contradicts the current one, leading to the denial of the claim. 6. Affirmative Defense – This defense states that the opposing party has a distinct defense of their own that is separate from the claim made by the claimant. This defense must be proven by the opposing party to be successful. It is important to note that the defenses available to the opposing party in Small Claims Court vary from case to case and depend on the specific facts of the dispute. Typically, the opposing party will use one or more of these defenses to prove that the claimant is not entitled to recover any monies, goods, or services.

What defenses can the other party raise in small claims court?

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