Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch


(a) At any time within the time period specified in these rules for answering the complaint, the defendant may assert a counterclaim which grows out of the same transaction or occurrence as the plaintiff's claim by filing a written statement in a form approved by the magistrate or by personally appearing and making an oral statement. If the defendant personally appears within the specified time period and makes an oral counterclaim, it shall be reduced to writing. The court or court personnel shall assist the defendant in reducing the counterclaim to writing if the court determines assistance is required. The counterclaim shall be delivered to the plaintiff by the court in a manner provided for in Rule 8. The claims contained in the counterclaim shall be deemed denied by the plaintiff and no answer or reply is required to be filed by the plaintiff in response to a counterclaim filed by the defendant.

(b) The defendant in a counterclaim may waive the excess of the claim over the jurisdictional maximum to bring it within the jurisdiction of the magistrates court. If the defendant elects to waive a portion of the counterclaim, a separate action for the remainder of the claim may not be maintained. If the defendant does not waive the excess, the entire action shall be transferred to the circuit court of the county to be considered and tried as if the action had been originally filed in the circuit court as provided for in Rule 13(j), SCRCP.