How to Delay a Sheriff Lockout Through Appeals in South Carolina

If you are a renter in South Carolina facing eviction and a potential sheriff lockout, it's important to know your rights and the steps you can take to try to remain in your home during the appeals process. This guide covers how to request a stay of eviction (delay the lockout), which forms to use, and who to contact for support, all under current state law.

What Is a Sheriff Lockout in South Carolina?

A sheriff lockout means that the county sheriff executes a court order to remove a tenant from their rental unit after an eviction judgment. Once the court issues a Writ of Ejectment, the sheriff can lawfully remove the renter and their belongings.

Can You Delay a Sheriff Lockout by Appealing?

South Carolina law gives renters the right to appeal an eviction judgment from the Magistrate Court. If you file an appeal and request a stay of eviction, you may be able to delay the sheriff's lockout while the appeal is decided. However, you must act quickly and follow the proper procedures.

How the Appeal Process Works

• After an eviction judgment, the court issues a Writ of Ejectment—a court order for the sheriff to enforce the eviction.
• Renters typically have 10 days from the judgment to file a Notice of Appeal with the court.
• Requesting a Stay of Eviction (sometimes called a "stay pending appeal") puts the lockout on hold until a higher court reviews the case.

Key Forms for Staying Eviction During Appeal

Knowing which forms to use and when to use them is essential. Here are the core documents:

• Notice of Appeal (SCCA/715): This form officially starts your appeal and must be filed with the Magistrate Court that ordered your eviction. For example, if you lost your eviction case in Charleston County Magistrate Court, file the form there.
  View the Notice of Appeal (SCCA/715) form and instructions
• Motion to Stay Writ of Ejectment: South Carolina does not have a statewide official form for this, but you can make a written request (motion) to the Magistrate Court, asking to "stay" (pause) the lockout order while your appeal is pending. Phrase it simply: “I respectfully request that the court stay the writ of ejectment pending the outcome of my appeal." Include your case number, your name, address, and reasons (such as risk of homelessness).
• Filing Fee or Motion to Proceed In Forma Pauperis: Appeals often require a filing fee. If you cannot afford it, request to proceed in forma pauperis (without payment) by asking court staff for the correct form.
  Application to Proceed In Forma Pauperis (SCCA/405F)

Always file forms in person at the courthouse or call first to ask about electronic submission options.

Action Steps: How to Request a Stay and Appeal an Eviction

• Request a written copy of the eviction judgment from the court clerk.
• Within 10 days, complete and submit a Notice of Appeal (SCCA/715) to the same Magistrate Court.
• At the same time (or as soon as possible), file a written Motion to Stay Writ of Ejectment with the court.
• Pay any required appeal fees, or file the Application to Proceed In Forma Pauperis if you can’t afford the fees.
• Keep copies and confirmation of everything you file. Ask the clerk about next steps and the timeline.

If the court grants your stay, the sheriff is prevented from moving forward with the lockout until your appeal is resolved. If the stay is denied, you may be removed quickly, even while the appeal proceeds.

Tip: Be proactive—delaying even a few days can result in a lockout before your appeal is considered. Seek legal help immediately after an eviction judgment.

Who Handles Eviction Appeals?

Evictions in South Carolina are handled through the South Carolina Magistrate Court. Appeals are typically heard by the Circuit Court. Court clerks can answer basic questions about forms and procedure, but cannot give legal advice.

Relevant South Carolina Tenancy Laws

• South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40)
• Landlord and Tenant—Summary Ejectment Process (S.C. Code Ann. § 27-37)

These laws outline your rights, the eviction process, appeals, notice requirements, and protections against unlawful lockout.

Frequently Asked Questions About Staying a Sheriff Lockout in South Carolina

1. How long do I have to file an appeal after an eviction judgment?
   You have 10 days from the date the judgment is entered to file a Notice of Appeal in South Carolina.
2. Does filing an appeal automatically stop (stay) the sheriff lockout?
   No—you must file a motion to stay (pause) the Writ of Ejectment separately; the appeal alone does not provide automatic protection from lockout.
3. Will I have to keep paying rent during my appeal?
   Yes, you must continue paying rent to your landlord while the appeal is pending, or as ordered by the court, to avoid additional grounds for eviction.
4. If my stay is denied, can I still move back in if I win the appeal?
   If you are already locked out, winning the appeal may let you recover possession, but the process can be complex. Seek legal help immediately.
5. Where can I get help filling out forms or understanding my appeal rights?
   Free and low-cost legal aid is available; see the resources section below for official contacts.

Need Help? Resources for Renters

• South Carolina Magistrate Court Directory: Find your local court office, get form assistance, and check case status.
• South Carolina Eviction Law (Title 27, Ch. 37): Read the full eviction and appeals law.
• South Carolina Legal Services: Free legal help for low-income renters.
• SC LawHelp.org: Tenant rights guides and directory of assistance.
• SC State Housing Finance & Development Authority: Rental assistance and informational resources.

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1. See: S.C. Code Ann. §§ 27-37-100, 27-37-120
2. South Carolina Magistrate Courts, Eviction Appeal Process: Magistrate Court Information
3. Official South Carolina Forms: Notice of Appeal (SCCA/715)
4. Application for In Forma Pauperis: SCCA/405F

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