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INSTRUCTIONS TO DEFENDANT 1. If you do not wish to oppose plaintiff's claim you may:
a. b. Contact plaintiff and make an out-of-court settlement with the plaintiff before the trial date and file with the magistrate court a dismissal of the case signed by the plaintiff, or Make no answer to the complaint. In that case, the plaintiff will be given a default judgment against you in the amount specified in the complaint.

2.

If you wish to oppose the claim:
a. You must file an answer with the magistrate's court within the time limit specified in the summons. If you fail to answer within that time period, you lose your right to defend the case and the plaintiff will be given a default judgment against you in the amount specified in the complaint. Your answer may be made in writing in a form approved by the magistrate, or your answer may be made orally to the magistrate's court if you appear in person within the time limit specified in the summons. If you answer within the specified time, you will be notified of the time and date of the trial. You must maintain a correct mailing address with the court and you must appear for trial. Should you fail to appear, you lose your right to defend the case and the plaintiff will be given a default judgment against you in the amount specified in the complaint. At the time for trial you must bring with you all books, papers, witnesses, and evidence you have to establish your defense. At your request the court will issue a subpoena for any witness you may need (you must request the subpoena as soon as possible and before the trial date). There is a fee of $3.00 for the magistrate to prepare and mail a subpoena. If the subpoena is delivered by a deputy, there is an additional service fee of $8.00 that must be paid to the court. Further, you will be responsible to the witness for a fee of $25.00.

b.

c. d.

3. If you desire a jury trial, you must request one within five (5) working days before the date set for trial. If no jury trial is timely requested, the matter will be heard and decided by the magistrate. 4. If you have a claim against the plaintiff that grows out of the same transaction or occurrence as the plaintiff's claim, you may file a counterclaim. There is a $10.00 service fee that must be paid at the time of filing the counterclaim. The counterclaim must be filed with the magistrate within the time limit specified in the summons for answering. The counterclaim must be made in writing in a form approved by the magistrate, or it may be made orally to the magistrate's court if you appear in person within the time limit specified in the summons. Your counterclaim will be tried at the same time as the plaintiff's claim if it does not exceed the jurisdiction of the magistrate to hear. If the counterclaim exceeds the magistrate's jurisdiction, the entire matter will be transferred to the circuit court. 5. If you have a claim against the plaintiff that does not grow out of the same occurrence or transaction as the plaintiff's claim, you may file a claim (complaint) against the plaintiff. This claim would be heard separate and apart from the plaintiff's claim against you. 6. If you are a member of the Armed Services of the United States, please advise the court upon receipt of this summons. 7. If you are under 18 years of age, please advise the court upon receipt of this summons.

8. If you are a prisoner in any municipal, county, state, or federal jail or prison, please advise the court upon receipt of this summons. 9. You may be represented by an attorney, but are not required to have one. The magistrate's court will explain the procedure of the court and will help you prepare papers related to your action if you require such assistance. The court cannot, however, represent you or provide you with an attorney or give you any legal advice. 10. If you are a business and are going to be represented by a Non-Lawyer, a Non-Lawyer Authorization Form must be included with your Answer/Counterclaim. (See 33-1-103 SC Code of Laws)

SCCA/702 (Amended 05/2008)