Evictions

FORMS AND MATERIALS

Below are all the materials attached and what sections they relate to within the Classroom.

Application for Ejectment - How does an eviction lawsuit start?

Counterclaim (Magistrate) - HOW DO YOU ASSERT A COUNTERCLAIM?

If I file an appeal, can I still be put out?

Maybe.

Under the law, just filing the Notice of Civil Appeal with the circuit court does not automatically prevent law enforcement from executing the Writ of Ejectment. You also must file a document that says that you agree to pay the rent as it comes due during the appeal.

This document is called a "Bond" or an "Undertaking." Once you sign and file this Bond, then the writ of ejectment must be stopped.

What can I do if I lose but I disagree with the court's decision?

If you disagree with the court's decision, you have a right to appeal that decision to the circuit court. Each county has a circuit court. You must file your appeal within thirty days of the date that you get notice of the court's decision. If the judge announces the decision at the eviction hearing, your thirty days start then.

However, you should appeal before you are ejected from the dwelling unit, which will almost always happen before the thirty days to appeal are up.

If I lose the eviction hearing, when can I be put out?

If the magistrate court rules against you, it will issue a Writ of Ejectment.

A copy of the Writ of Ejectment can be found at the end of this Classroom and in the Forms and Materials section.

What happens when I go to court?

The magistrate court will call you and the landlord (or property manager if the landlord is a company) into the courtroom. You will be at one table, and the landlord at the other table. What happens next depends on whether the case is being heard only by the judge or instead is being tried to a jury.

A trial before a judge is called a "bench trial."

Mediation (Greenville, Kershaw, Lexington, Richland)

In four counties if you request a jury trial in your eviction case, your case will be sent to mediation first.

Mediation is a process where both parties meet with an independent, neutral third party, called a "mediator," to try to work out their differences voluntarily. Attendance at the mediation is not voluntary. Both you and the landlord must mediate.

Can I get a jury trial?

Possibly.

In South Carolina, you have a constitutional right to a trial by a jury in many types of lawsuits. An eviction is one where you can request a trial by jury. But you can waive your right to a jury trial if you do not request one properly.

PREPARING YOUR EVIDENCE

You must be ready to prove your dwide of the story to the judge. And if you file a counterclaim against the landlord you needevidence to prove your counterclaim. The judge will not investigate your claims if you do not have evidence to support them.

Evidence is either testimony or paperwork. Sometimes it might be an object.

PREPARING YOUR ARGUMENTS

Before going to court, you should write down an outline of what you are going to argue. If the landlord claims that you did not pay rent, write down what your defense to this claim is, such as you did pay rent or the landlord allowed you to skip one month and catch up later, etc.

How do I get ready for court?

Even though evictions are called "summary" proceedings, they do require preparation. There are many things that can occur at an eviction hearing.

The South Carolina Supreme Court has approved a set of limited Instructions for people involved in an eviction lawsuit. You can view these Instructions by clicking on the file at the bottom.

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