Magistrates and Summary Court

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Please allow five days from the issuance of a Uniform Traffic Ticket to be processed.

Traffic tickets may be paid with money orders, certified checks or cashiers checks, made payable to the court, or credit cards (Master Card, Visa, and Discover) or with cash. Credit cards must be in the name of the person presenting the card for payment.  Identification will be required. THE COURTS DO NOT ACCEPT PERSONAL CHECKS.

 

The Anderson County Summary Court Judges (Magistrates) have countywide jurisdiction and are committed to assisting the citizens of Anderson County.  Magistrate's offices are located throughout Anderson County to serve your area. Please see the Summary Court Judges Directory for contact information.

  • All Summary courts are under the guidance of South Carolina Court Administration (link is external). Each county has a chief magistrate appointed by the Chief Justice of the South Carolina Supreme Court.

    Magistrates issue arrest warrants, search warrants, bench Warrants, set bonds and hear criminal, traffic, and civil cases, as well as preliminary hearings.

    Generally, the traffic and criminal jurisdiction of magistrates involve cases with a maximum fine of $500 and/or 30 days in jail. Assessments and court costs may be added to this $500 fine. In some specific cases, the fine or jail time may be more.

    Magistrates civil jurisdiction is limited to $7,500 or less and may include such matters as:

    • Summons and complaint (small claims) - The plaintiff may combine as many claims as the plaintiff has against a defendant in one case and may sue more than one defendant in one case if the claim involves all of the defendants. The complaint should state, in a short and plain written manner, the facts constituting the cause of action, i.e. what the plaintiff claims and why the claim is made. The defendant’s answer may deny in total or in part any or all of the material allegations made in the plaintiff’s complaint, and/or allege any new matter constituting a defense, and also a notice, in a plain and direct manner, a counterclaim.
    • Landlord/tenant actions - A landlord may bring an action of ejectment against a tenant in these situations: (1) when the tenant fails or refuses to pay the rent when due, (2) when the term of tenancy or occupancy ends, or (3) when the terms or conditions of the lease are violated. Once an action for ejectment is begun for failure to pay rent, the landlord is under no obligation to accept past rent if offered by the tenant.
    • A Notice to Quit the Premises; Summary Ejectment of Trespassers - may be used to remove a person from the premises when there is no landlord/tenant relationship. Examples could be used would include the following: 1) an ex-lover who will not leave the premises; 2) an adult son or daughter who refuses to leave the parent's home; 3) a girlfriend who owns house and wants to evict boyfriend.

      Personal service on the defendant is required.

    • Sales of abandoned property - An owner of any storage place or repair shop who stores or repairs any property or who furnishes any material for repairs has a lien on that property in the amount of the bill for storage or repairs. At public sale, a party petitioning the court pursuant to this statute must place a minimum bid of $1.00 on the article being sold. If no higher bid is offered, the article must be awarded to that party at no cost.

    • Claim and delivery. - When the recovery of personal property is desired, the plaintiff may institute an action of claim and delivery along with the action that will ultimately determine ownership of the personal property.

     

    Additionally, magistrates may also issue       

    • Emergency Orders of Protection when Family Court is not in session - A person shall be filed with a magistrate during nonbusiness hours, or at other times when the Family Court is not in session and allows a household member to seek a restraining order against a spouses, former spouses, persons who have a child in common, or a male and female who are cohabiting or have formerly cohabited.
    • Restraining Orders - Any person may seek a restraining order against an individual who is engaged in harassment or stalking.A person seeking an order must prove by a preponderance of the evidence that the defendant has been engaged in harassment or stalking.

     

    These services are provided by Magistrates in different areas of the county for the convenience of the citizens. For these services, citizens would see the Magistrate in the area in which the person lives that they are attempting to take to court. For an arrest warrant the public would need to contact their local law enforcement agency.

ABSOLUTELY NO WEAPONS ARE TO BE BROUGHT INTO THE BUILDING. You may be subject to search or scanning devices.

When appearing for court, please dress appropriately for the courtroom. Inappropriate dress would include: hats, tank tops, shorts, flip-flops, etc. Electronic devices such as cellphones, pagers, and computers are to be set on silent mode or turned off completely.  Summary courts are not designed for children. If you are involved in a court proceeding, please arrange for another caretaker to stay with your children.








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