Clerk of Court - Frequently Asked Questions
FREQUENTLY ASKED QUESTIONS
Q. What is the cost for filing a civil case?
A. Parties instituting a civil action in a circuit court are required to pay the filing fee at the time the case is filed. The current fee is $150.00 for most civil actions; a fee of $10.00 is assessed for the filing of a Lis Pendens if not accompanied by a Summons & Complaint. The fee for filing a motion is $25.00.
Q. Are Bankruptcy proceedings handled in the Court of Common Pleas?
A. Bankruptcy proceedings are an action of the US Bankruptcy Court for the District of South Carolina. For more information you should contact the US District Court Clerk’s Office.
Q. Do you provide case and judgment information to companies such as credit bureaus?
A. The Clerk of Court does not look up and give out case information to credit bureaus and other companies. While this information is available to the public, companies with an interest in obtaining such information must perform the research themselves.
Q. What if I want to appeal the outcome of a Common Pleas case?
A. Cases tried or otherwise disposed in the Court of Common Pleas in Fairfield County are appealed to the Court of Appeals.
Q. Can you tell me how to appeal a case from another (lower) court?
A. The Court of Common Pleas handles appeals from small claims and other Magistrate’s Courts and some administrative agencies. A filing fee of $150 is required at the time filing. Appeals on civil cases are automatically scheduled as Non-Jury matters.
Q. Can I act as my own attorney when filing a case?
A. Yes; you have the right to act as your own attorney, but our office cannot give you any advise as the laws or procedures.
Q. Can you give me any legal advice?
A. No; the Clerk’s Office and Family Court Office staff is not permitted to give legal advice. Persons seeking advice or acting as their own attorney should consult the most recent addition of South Carolina Rules of Court and follow the Rules of Civil Procedure.
Q. Can you recommend an attorney or law firm?
A. No; the Family Court and the Clerk of Court’s office staff is prohibited from referring you to an attorney.
Q. How do I obtain a copy of the Common Pleas (Civil) rosters?
A. Rosters are posted online 30 days before the term of court. To view the court roster on line, go to www.judicial.state.sc.us (under Quick Links, click on “Court Rosters”, choose Fairfield on the map and select “Motion, Non-jury or Jury”).
Q. Is there a list of foreclosure sales found in the Clerk of Court’s Office?
A. No; the foreclosure sales are handled by the attorney appointed as Special Referee in the case. Sales are usually held on the front steps of the Courthouse on the first Monday of each month.
Q. How do I file a criminal case?
A. If you feel you are the victim of a crime, you should contact the nearest police department in your area.
Q. Does the Clerk of Court have a schedule of all criminal cases coming up for trial?
A. No; scheduling criminal cases for trial is a function of the Solicitor’s Office.
Q. How do I get my criminal record expunged?
A. You will need to contact the 6th Judicial Circuit Solicitor’s Office located in the Courthouse in Winnsboro, South Carolina. The telephone number is (803) 712-1735.
Q. May I pay my child support through direct deposit?
A. No; currently we are not equipped to receive payments using direct deposit.
Q. May I pay my child support by credit card?
A. No; the only accepted means of payment are cash, money order, certified check, or wage garnishment.
Q. Must I go to Family Court to make child support payments?
A. You may make your payment in person or by mail. Please remember to write the name of the person who is making the payment and include the case number.
Q. How do I find out if I have a child support payment?
A. You may come by the office or call the 24 hour support line at (803) 712-6870.
Q. How much are jurors paid?
A. Jurors are paid $10.00 per day for each day they have to appear. An excuse is attached to each check for jurors to take to their employers. We have an automated machine available for jurors to call in to see when they are needed. The Judge will give you instructions as to when you will need to call.
Q. Can I be transferred to another jury term of court?
A. Yes; for transfer requests, please contact the Clerk of Court’s Office.
Q. How can I receive a transcript of a trial?
A. To request a transcript, call South Carolina Court Administration at (803) 734-1800. When making a request, you must specify the respective case’s name and the date of the hearing or trial or go to Court Administration's website.
Q. How do I get a deed prepared?
A. Contact an attorney of your choice. We do not have deed forms and we cannot prepare legal documents for you.
Q. How do I check the records to make sure there are not liens on a parcel of land?
A. You should contact an attorney or paralegal to conduct your search. They have title insurance and can give you a certificate of clear title. The Clerk of Court/Register of Deeds’ Office cannot perform searches because we are not insured.