If you have filed an Eviction Notice with the Magistrate's Court, please take note that a tenant must either be personally served or the eviction notice must be posted on the property on two (2) separate occasions. Please wait at least five days after you have filed your paperwork with the Magistrate’s Office before contacting the Sheriff’s Office about the service of your papers.
Notice to Quit
A Notice to Quit is filed when the defendant lives with the plaintiff. This must be served in person, and gives the defendant five days to vacate or request a hearing. If the defendant does not comply, the plaintiff can file a Writ of Ejectment (see below).
Rule to Vacate
If the Rule to Vacate is served in person, the tenant has 10 days to request a hearing or move.
If the Rule to Vacate is posted on the door, the tenant has 20 days to ask for a hearing or move. If they do not comply, the Landlord can file a Writ of Ejectment (see below).
Writ of Ejectment
This can be served in person or posted. Usually, a defendant has 24 hours to leave, unless the judge grants them longer. After 24 hours, the Landlord can request a sit-out, during which a deputy oversees the removal of the defendant’s belongings.
- Judgments are obtained through Magistrate Court or Circuit Court, depending upon the amount.
- Once you obtain a judgment and the defendant has not paid the amount owed, please file the judgment with the Clerk of Court ($35 filing fee).
- You will receive a Civil Process Case Number.
- Complete the forms provided and submit them to the Sheriff's Office in person or by mail ($25 filing fee).
*We encourage citizens to refile each year in order to execute a judgment.
*The Horry County Sheriff's Office charges $1500 to levy property and hold a public sale. This amount covers towing, storage, and other fees associated with the sale.
Civil Process Fees
If you require the services of the Civil Process Division, certain fees are required by statute and must be paid prior to any attempt of service in the form of Cash, Money Order, Cashier’s Check or Certified Check. The Horry County Sheriff's Office will never call and summon a payment. Typical fees being charged are as follows
|Claim & Delivery||$25.00|
|Writs of Assistance||$25.00|
|Orders of Seizure||$25.00|
|Summons for Arbitration||$5.00|
For questions about Common Pleas: 843-915-5450
For questions about Judgments: HCSOjudgment@horrycountysc.gov