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Magistrates' Court Downloadable Forms for Whitmire

Whitmire

Judge Tom Abraham , Magistrate

Office Phone (803) 694-5756 or (803) 321-2144

Picture

313 Main Street

Fax # (803) 694-5756

Whitmire, S.C. 29178

Email : tabraham@newberrycounty.net

Please Note : NEW HOURS BELOW

Court Dates: Wednesday 8:30 AM - 4-30PM

Whitmire

Claim and Delivery

$65 Filing and Service Fee $55 Filing Fee, if using Private Process Server
Value of property to be claimed cannot exceed $7,500 in value.
The Magistrates Court has no jurisdiction in property belonging to married or common law parties.
Process can take anywhere from 30 to 60 days from the date of filing until the ruling on court date.

Two Copies of each form are required
Personal Checks are not accepted- Must be money order or cashier's check

1.

Claim and Delivery Affidavit [Note: Forms 1 , 3 , & 4 are required]

2.

Instructions to Defendant

3.

Notice of preseizure

4..

Verification of Property

Eviction

$40 Filling and Service Fee - $30.00 if using Private Process Server

Rented property must be in Newberry County

Three (3) Copies of each form are required
Personal Checks are not accepted- Must be money order or cashier's check

1.

Application for Ejectment [Note: Forms 1 & 3 are required]

2.

Instructions to Defendant

3.

Rule to Vacate or Show Cause

Summons and Complaint

$80 Filing and Service Fee.
$70 Filing Fee, if using Private Process Server.
$10 Filing Fee for each additional defendant with a different address.
The Complaint and any attachments must be filed in DUPLICATE.
Magistrate’s Court Jurisdictional Limit is $7,500.
Plaintiff is the individual or business filing the complaint.
Defendant is the individual or business who the complaint is filed against.
The plaintiff must file at the Magistrate’s Office in the District where the defendant lives.
The plaintiff must provide the Court with a clear and accurate legal name and street address for the defendant. Route and box numbers are not acceptable.

If filing against a business, determine whether the business is incorporated or privately owned. If privately owned, list owner’s full legal name. If incorporated, list the Agent of Service’s name and address for service of process. The Agent of Service can be obtained through the Secretary of State at (803) 734-2170.

The defendant may file a counterclaim upon answering the complaint for a fee of $10.

Two Copies of each form are required
Personal Checks are not accepted- Must be money order or cashier's check

1.

Complaint Form [Note: Forms 1 & 3 are required]

2.

Instructions to Defendant

3.

Summons Form

Counter Claim

$80 Filing and Service Fee.
Counterclaim may not be more than $7500 to be held in Magistrate Court
Counterclaim must be filed :
a. In the Magistrate Court
b. In the proper time limit

Two Copies of each form are required
Personal Checks are not accepted- Must be money order or cashier's check

1.

Counterclaim

2.

Instructions to Plaintiff

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Whitmire	Judge Tom Abraham , Magistrate	Office Phone (803) 694-5756 or (803) 321-2144
Picture	313 Main Street	Fax # (803) 694-5756
	Whitmire, S.C. 29178	Email : tabraham@newberrycounty.net
	Please Note : NEW HOURS BELOW
	Court Dates: Wednesday 8:30 AM - 4-30PM

Whitmire	Claim and Delivery	$65 Filing and Service Fee $55 Filing Fee, if using Private Process Server Value of property to be claimed cannot exceed $7,500 in value. The Magistrates Court has no jurisdiction in property belonging to married or common law parties. Process can take anywhere from 30 to 60 days from the date of filing until the ruling on court date. Two Copies of each form are required Personal Checks are not accepted- Must be money order or cashier's check
	1.	Claim and Delivery Affidavit [Note: Forms 1 , 3 , & 4 are required]
	2.	Instructions to Defendant
	3.	Notice of preseizure
	4..	Verification of Property

	Eviction	$40 Filling and Service Fee - $30.00 if using Private Process Server
		Rented property must be in Newberry County Three (3) Copies of each form are required Personal Checks are not accepted- Must be money order or cashier's check
	1.	Application for Ejectment [Note: Forms 1 & 3 are required]
	2.	Instructions to Defendant
	3.	Rule to Vacate or Show Cause

	Summons and Complaint	$80 Filing and Service Fee. $70 Filing Fee, if using Private Process Server. $10 Filing Fee for each additional defendant with a different address. The Complaint and any attachments must be filed in DUPLICATE. Magistrate’s Court Jurisdictional Limit is $7,500. Plaintiff is the individual or business filing the complaint. Defendant is the individual or business who the complaint is filed against. The plaintiff must file at the Magistrate’s Office in the District where the defendant lives. The plaintiff must provide the Court with a clear and accurate legal name and street address for the defendant. Route and box numbers are not acceptable. If filing against a business, determine whether the business is incorporated or privately owned. If privately owned, list owner’s full legal name. If incorporated, list the Agent of Service’s name and address for service of process. The Agent of Service can be obtained through the Secretary of State at (803) 734-2170. The defendant may file a counterclaim upon answering the complaint for a fee of $10. Two Copies of each form are required Personal Checks are not accepted- Must be money order or cashier's check
	1.	Complaint Form [Note: Forms 1 & 3 are required]
	2.	Instructions to Defendant
	3.	Summons Form

	Counter Claim	$80 Filing and Service Fee. Counterclaim may not be more than $7500 to be held in Magistrate Court Counterclaim must be filed : a. In the Magistrate Court b. In the proper time limit Two Copies of each form are required Personal Checks are not accepted- Must be money order or cashier's check
	1.	Counterclaim
	2.	Instructions to Plaintiff
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