South Carolina Laws
This page summarizes ten South Carolina laws people ask about most, with a link to the full guide for each. Every guide cites the state statute or an official source. Laws change, so check the current statute or talk to a local attorney before you act.
South Carolina Personal Injury Statute of Limitations
In South Carolina, you generally have 3 years from the date of injury to file a personal injury lawsuit (S.C. Code § 15-3-530). If you miss the deadline, the court will usually dismiss the case. Different deadlines can apply to medical malpractice, wrongful death and claims against government agencies.
Read the full personal injury statute of limitations guide →
South Carolina Comparative Negligence Laws
South Carolina follows modified comparative negligence (51% bar). You can recover if your share of fault is 50% or less, with your award reduced by your percentage of fault. At 51% or more you recover nothing.
South Carolina Minimum Wage in 2026
South Carolina has no state minimum wage law, so the federal minimum wage of $7.25 per hour applies to employees covered by the Fair Labor Standards Act. Most employers are covered. Some workers may be exempt, and overtime at time and a half generally applies after 40 hours a week.
South Carolina Final Paycheck Laws
In South Carolina, an employer must pay final wages to a fired employee: within 48 hours or by the next regular payday, but no more than 30 days. The same deadline applies if you quit. If wages are late or missing, you can file a wage claim with the state labor department or go to court.
South Carolina Small Claims Court Limits
In South Carolina, you can sue for up to $7,500 in small claims court, which is handled by the magistrates court. Small claims cases are faster and cheaper than regular lawsuits, and most people represent themselves. If your claim is larger, you must file in a higher court or give up the excess.
South Carolina Security Deposit Laws
South Carolina security deposit limit: no statutory limit. The landlord must return the deposit, minus lawful deductions, within this deadline: 30 days. Landlords cannot deduct for normal wear and tear, and tenants can usually sue in small claims court if a deposit is wrongly withheld.
South Carolina Eviction Notice Requirements
If rent is unpaid in South Carolina, the landlord must generally give a written notice before filing an eviction case: 5 days' notice to pay or move, unless the lease contains a conspicuous waiver. Only a court can order an eviction; a landlord cannot change the locks, remove belongings or shut off utilities to force a tenant out.
South Carolina Small Estate Affidavit
South Carolina small estate limit: $45,000. Waiting period after death: 30 days. Real estate cannot be transferred this way. A small estate process lets heirs collect property without a full probate case. The heir signs a sworn affidavit and presents it, with a death certificate, to whoever holds the property.
Does South Carolina Recognize Common Law Marriage?
No, not for new relationships. The South Carolina Supreme Court abolished common law marriage prospectively on July 24, 2019. Marriages formed before that date remain valid. Most states generally recognize a marriage that was valid where it was formed, so a common law marriage created in a state that allows it may still be recognized.
South Carolina Divorce Residency Requirements
To file for divorce in South Carolina: 3 months if both spouses live in South Carolina; 1 year if only one does. Waiting period: 1 year of separation for a no-fault divorce. If you do not meet the residency rule yet, you may need to wait or file in the state where your spouse lives.
Find help near you in South Carolina
- Lawyers & Law Firms in South Carolina18
- Personal Injury Lawyers in South Carolina30
- Family Lawyers in South Carolina16
Popular cities: Myrtle Beach · Rock Hill · Greenville · Bluffton · Charleston
This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.
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