Are there any limits on the amount of damages I can be awarded in a small claims court case?
Yes, there are limits on the amount of damages that can be awarded in small claims court cases in South Carolina. Generally, the maximum amount a plaintiff can recover for small claims court is $7,500, or three times the amount of the damages, whichever is less. Claims exceeding this limit must either be settled outside of court or referred to the regular civil court system. It is also important to note that there are other limits associated with small claims court cases in South Carolina. Generally, claims must be issued within three years of when the cause of action accrues, which is when the damages first occur. If your claim is past the three-year statute of limitations, it is unlikely it will be accepted. Additionally, if the defendant resides out-of-state, the court may not have the jurisdiction to hear your case. It is important to take all these factors into consideration when filing a small claims court case. If you are unsure of the amount of damages you can claim or if your claim is within the statute of limitations for your state, it is best to consult an attorney prior to filing. This way, you can ensure your rights are being protected and maximize your chances of a successful outcome.
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