Who can get a court fee waiver in South Carolina housing cases?

Renters with low income or showing financial hardship may qualify. The court reviews your income, expenses, and dependents to decide.

What if I already filed my case and paid fees—can I get a refund?

Fee waivers usually apply before you file and pay. If you already paid, refunds are rare, but ask the court clerk for local policies.

How long does it take for the court to decide on my fee waiver?

Most Magistrate Courts review and decide within a few days, but it can vary. Ask the clerk for an estimated timeline.

Can a fee waiver help with appeals in housing cases?

Yes. If you need to appeal a housing decision, you can request a fee waiver for those new filing fees using the same form process.

Do I have to renew my waiver if my financial situation changes?

If your case continues and your income improves, you should notify the court. The judge could reconsider your waiver if circumstances change.

South Carolina Court Fee Waivers for Renters: A Complete Guide

Dispute Resolution & Legal Aid South Carolina published June 21, 2025

If you are a renter in South Carolina facing a housing dispute—such as an eviction, repair claim, or other court proceeding—you may be concerned about the costs involved. Court filing fees can be a barrier, but if you have low income or financial hardship, you may be eligible for a court fee waiver. This can help you access justice without paying up front. Below, you'll learn how to apply for a fee waiver, which official forms to use, and tips for navigating the South Carolina courts as a renter.

Understanding Court Fee Waivers in South Carolina

In South Carolina, court fee waivers are called "Motions and Affidavits to Proceed in Forma Pauperis." This means requesting the court allow you to file your legal papers without paying the standard filing fees because you cannot afford them.

Fee waivers can apply to filing for eviction defense, repairs, security deposit disputes, and other housing cases.
The process is guided by the South Carolina Code of Laws and Supreme Court Rules.
If granted, you can continue your case without paying certain court costs.

Who Handles Housing Cases and Fee Waivers?

Residential landlord-tenant cases in South Carolina are generally handled by the Magistrate Courts and Municipal Courts. These courts oversee evictions, landlord-tenant disputes, and motions like fee waiver applications. You can learn more about these courts and their locations on the South Carolina Judicial Branch Court Registry.

Relevant Fee Waiver Forms for South Carolina Renters

To request a filing fee waiver, you must use the official state forms. Here’s what you need:

Motion and Affidavit to Proceed In Forma Pauperis (SCCA/268)
- When to use: Use this form before filing your main court document (like an Answer to an Eviction notice) if you cannot afford the court fee.
- Example: If you received an eviction notice, and want to file your defense but cannot pay the fee, complete and submit this form with your other court documents.
- Download SCCA/268: Motion and Affidavit to Proceed In Forma Pauperis
Order on Motion to Proceed In Forma Pauperis (SCCA/269)
- When to use: The court uses this form after reviewing your application. You do not fill this out, but it helps to know that the court will decide your request using this order.
- View SCCA/269: Order (for Court Use)

How to Apply for a Court Fee Waiver: Steps for South Carolina Renters

You don't need to be a lawyer to apply for a fee waiver. Here are step-by-step instructions to help renters take action:

1. Get the correct form: Download and print the Motion and Affidavit to Proceed In Forma Pauperis (SCCA/268).
2. Complete the form: Fill in your full name, address, case type (ex: eviction), and answer the financial questions truthfully. List all sources of income, expenses, and dependents.
3. Sign and date: The affidavit must be signed in front of a Notary Public or a court official who can witness your signature.
4. Submit with your case papers: Turn in the completed fee waiver form with your main court filing at the Magistrate or Municipal Court where your housing case will be heard.
5. Wait for the court’s decision: The judge will review your application and either approve the waiver (letting you file at no cost) or deny it (requiring payment).

Tip: Bring recent pay stubs, benefits letters, or other proof of income to help the judge understand your financial situation if requested.

What Happens If My Fee Waiver Is Denied?

If your fee waiver is denied, you may still be able to request a payment plan or appeal the decision. You can ask the court clerk for more details or speak to legal aid services for further help.

Relevant Legislation

The main law covering landlord-tenant rights and court access in South Carolina is the South Carolina Residential Landlord and Tenant Act (Chapter 40 of Title 27, South Carolina Code of Laws)¹. Fee waiver procedure is established under S.C. Code Ann. § 8-21-310(D) and South Carolina Supreme Court Rule 3(b)².

FAQ: South Carolina Fee Waivers in Housing Cases

Who can get a court fee waiver in South Carolina housing cases?
Renters with low income or showing financial hardship may qualify. The court reviews your income, expenses, and dependents to decide.
What if I already filed my case and paid fees—can I get a refund?
Fee waivers usually apply before you file and pay. If you already paid, refunds are rare, but ask the court clerk for local policies.
How long does it take for the court to decide on my fee waiver?
Most Magistrate Courts review and decide within a few days, but it can vary. Ask the clerk for an estimated timeline.
Can a fee waiver help with appeals in housing cases?
Yes. If you need to appeal a housing decision, you can request a fee waiver for those new filing fees using the same form process.
Do I have to renew my waiver if my financial situation changes?
If your case continues and your income improves, you should notify the court. The judge could reconsider your waiver if circumstances change.

Key Takeaways for SC Renters

Fee waivers let renters access the courts without paying up-front costs when facing financial hardship.
Use SCCA/268 to request a waiver; fill it out honestly and submit supporting proof if needed.
The process applies to eviction cases, repairs, deposit disputes, and most tenancy matters in Magistrate/Municipal Courts.

If you have questions or run into trouble, don't hesitate to reach out for help—many resources are available for South Carolina renters.

Need Help? Resources for Renters

South Carolina Judicial Branch Self-Help Center — Official forms and guidance for self-represented tenants.
South Carolina Legal Services — Free or low-cost legal help for eligible renters statewide.
Find Your Local Magistrate Court — For filing documents and checking on your case.
South Carolina Residential Landlord and Tenant Act — Full text of the state’s tenant rights law.