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1. Is there a difference between "Summary Court" and "Magistrate Court?"

These terms are used interchangeably to refer to courts presided over by a Magistrate.

2. What kind of civil cases does Magistrate Court hear?

Magistrates hear several types of civil cases, the most common being:

• Claim and delivery (procedures to recover personal property)
• Evictions
• Issuing restraining orders
• Landlord/tenant disputes
• Public sales on abandoned property
• Summons and complaint (disputes over money, services, etc. valued at $7,500 or less)

Defendants file civil cases in the area where they live.

3. Can I receive a jury trial in Magistrate Court?

Yes, you are entitled to a jury trial if requested in a timely manner and in writing. A jury trial request should include your current mailing address and phone number, and the name of your attorney if one is representing you. Jury trial request forms are available at each Magistrate’s office or you may write your own request.

4. How do I file a criminal case?

Crime victims must make a report with the Georgetown County Sheriff’s Office and deliver a copy of the incident report to present to the Magistrate. The Magistrate will determine if there is enough probable cause to file an arrest warrant. Depending on the type of charge, you may need to sign the sworn affidavit for a courtesy summons. The Sheriff’s Office or other appropriate law enforcement agency handles all other charges.

5. If I accept a check for payment of merchandise or services and the bank returns the check due to insufficient funds, what can I do?

It is preferred that you contact the Solicitor’s Worthless Check Unit at 843-545-3169. This agency will completely process the bad check for you. Otherwise, you may present bad checks to the Magistrate’s Court to have a courtesy summons issued if the following stipulations have been met:

• You deposited the check within ten days after the party wrote the check.
• The party wrote the check within the last 180 days (roughly 6 months).
• The bank did not pay the check due to Insufficient Funds, Account Closure, No Account, etc.
• You sent a Notice of Dishonor to the payer by certified mail giving that person 10 days to pay the check and returned check fees due (a maximum of $25 for checks under $100 or a maximum of $30 for checks over $100).
• You must present the check, a copy of the Notice of Dishonor and the certified receipt to the court before the issuance of an arrest warrant. It is advisable to have a street address for the person who wrote the check.