South Carolina Eviction Process
Summary
The user is facing eviction in South Carolina due to non-payment of rent. They missed a bond hearing and are trying to avoid a writ being filed by their landlord. They have been in contact with the landlords attorney to set up a payment plan, but the landlord does not accept partial payments. The user has filed an appeal and is waiting for the outcome. They are also seeking assistance from SC Free Legal Aid for negotiation on the payment plan. The user is considering filing another appeal for another bond hearing if necessary.Full Conversation
Eviction
What state are you currently residing in, ****? This will help me provide you with the specific eviction laws applicable to your location.
South Carolina
What is the reason for your eviction, ****? South Carolina law requires landlords to provide a valid reason for eviction, such as non-payment of rent or violation of lease terms.
Non payment
In South Carolina, landlords must provide a *-day notice to pay or quit for non-payment of rent. If you don't pay within this period, eviction proceedings may begin.
Can I file an appeal more than once for same case
Yes, you can appeal more than once, but only if there are grounds for it. South Carolina law allows for appeals at multiple levels of the court system.
I missed a bond hearing can I request another?
Yes, you can request another bond hearing in South Carolina, but it's at the judge's discretion. Contact the court immediately. The nearest court is Charleston County Court, +* *-*-*.
Do I contact the magistrate court where I had intial hearing?
Yes, you should contact the magistrate court where your initial hearing took place. They can guide you on the process for requesting another bond hearing.
Thank you!
You're welcome, ****! If you have any more questions or need further assistance, feel free to ask.
In an eviction case can I file an appeal to the circuit court more than once for the same magistrate case?
What is your location? The rules for filing an appeal in eviction cases can vary by jurisdiction.
South Carolina
Have you already filed an appeal for this eviction case?
General Information:
- In South Carolina, you can appeal a magistrate's decision to the circuit court.
- The Charleston County Circuit Court's contact: (*) *-*.
General Information:
- In South Carolina, you can appeal a magistrate's decision to the circuit court.
- The Charleston County Circuit Court's contact: (*) *-*.
Yes
What was the outcome of your previous appeal?
General Information:
- In South Carolina, multiple appeals may be limited or not allowed.
- Charleston County Circuit Court: (*) *-*.
General Information:
- In South Carolina, multiple appeals may be limited or not allowed.
- Charleston County Circuit Court: (*) *-*.
Can I was scheduled a bond hearing but due to me being 11mins late it was dissolved.
What was the reason given for dissolving the bond hearing due to your late arrival?
General Information:
- Courts often have strict rules about punctuality.
- Charleston County Circuit Court: (*) *-*.
General Information:
- Courts often have strict rules about punctuality.
- Charleston County Circuit Court: (*) *-*.
Yes
Explanation:
General Information:
- Courts usually dissolve hearings due to late arrivals as it disrupts the schedule.
- Charleston County Circuit Court: (*) *-*.
General Information:
- Courts usually dissolve hearings due to late arrivals as it disrupts the schedule.
- Charleston County Circuit Court: (*) *-*.
I understand that so am I able to submit another appeal requesting another bond hearing
What was the reason for your late arrival at the bond hearing?
General Information:
- Courts may reconsider if there was a valid reason for being late.
- Charleston County Circuit Court: (*) *-*.
General Information:
- Courts may reconsider if there was a valid reason for being late.
- Charleston County Circuit Court: (*) *-*.
I was gathering all documents for court that I thought I would need I was at my daughters doctor getting her return to school note
What was the time gap between your scheduled hearing and your arrival at the court?
Court started at 9am I arrived at *:*
Explanation:
General Information:
- Courts may consider a valid reason for lateness.
- Charleston County Circuit Court: (*) *-*.
Did you inform the court about your late arrival in advance?
General Information:
- Courts may consider a valid reason for lateness.
- Charleston County Circuit Court: (*) *-*.
Did you inform the court about your late arrival in advance?
No I did know I would be late but I did attempt to call once I realized I was going to be late but no one answered
What was the court's response when you explained your situation?
General Information:
- Courts may reconsider if there was a valid reason for being late.
- Charleston County Circuit Court: (*) *-*.
General Information:
- Courts may reconsider if there was a valid reason for being late.
- Charleston County Circuit Court: (*) *-*.
I received prior notice of court date and all other parties were there
What was the outcome of the court hearing after you arrived late?
It was dissolved now I’m just waiting on the judge to let the circuit court to know but I was told once that happenes my landlord can then file a writ which I’m trying to avoid
What steps have you taken to avoid the filing of a writ by your landlord?
General Information:
- In South Carolina, communication with the landlord can help avoid a writ.
- Charleston County Circuit Court: (*) *-*.
General Information:
- In South Carolina, communication with the landlord can help avoid a writ.
- Charleston County Circuit Court: (*) *-*.
I have been in contact with their attorney to set up payment plan but they don’t accept partial payments
What is the total amount you owe to your landlord?
* I have most of it just not all
What is the exact amount you are short of to fully pay your landlord?
$*
What is your plan to arrange the remaining $*?
I can add additional to my next rent payment and then pay the rest by Aug *
What is your landlord's response to this payment plan?
They do not accept partial payments
What are the terms of your lease regarding late or partial payments?
Partial Payments: The Lessor has the right to not accept partial payments of all charges due. *.*. Rejection of Payments: Lessor is not obligated to accept any rent payment for any month if Lessee is indebted to Lessor for any reason whatsoever.
Explanation:
General Information:
- Landlords in South Carolina have the right to reject partial payments.
- Charleston County Circuit Court: (*) *-*.
Have you considered seeking legal advice to negotiate with your landlord?
General Information:
- Landlords in South Carolina have the right to reject partial payments.
- Charleston County Circuit Court: (*) *-*.
Have you considered seeking legal advice to negotiate with your landlord?
Yes I’m waiting on SC Free Legal Aid to get back with me
What is the nature of the assistance you are seeking from SC Free Legal Aid?
Negotiation on payment plan
What is the timeline given by SC Free Legal Aid for their response?
I submitted requested docs today and anywhere from *-7 days to see what services if any they can provide
What is your plan if SC Free Legal Aid is unable to assist you?
File another appeal to get another bond hearing if that is possible
What was the reason for your initial eviction?
Rent payemt
What is the amount of rent you were unable to pay leading to the eviction?
$*
What is the timeline given by the court for filing an appeal for another bond hearing?
I wasn’t giving any
What is the deadline for filing an eviction appeal in South Carolina?
General Information:
- In South Carolina, the deadline for filing an eviction appeal is 10 days.
- Charleston County Circuit Court: (*) *-*.
General Information:
- In South Carolina, the deadline for filing an eviction appeal is 10 days.
- Charleston County Circuit Court: (*) *-*.
I do not know
The deadline for filing an eviction appeal in South Carolina is typically 10 days from the date of the judgment.
I already filed an appeal so since I went to bond hearing on July * am I able to file another appeal?
What was the result of your first appeal?
Have not heard back from them
What date did you file your first appeal?
July *,*
What is the status of your first appeal as of now?
Waiting on the response from the bond hearing that it was dissolved
What steps have you taken since the bond hearing was dissolved?
I filed an appeal with the court of appeals but then I was told that I had to wait for final outcome on first appeal
What was the reason given for needing to wait for the final outcome on the first appeal?
They need something I can’t remember what they called it
Do you remember any details about the document or information they said they needed for your appeal?
It was basically something letting them know what was the ruling of the first appeal
What was the exact ruling of the first appeal?
There has not been any yet
What is the current status of your eviction case?
once the judges let’s my property management know it was dissolved they can file the writ
What is your plan if the writ is filed by your property management?