Civil Litigation Lawyer Charleston & North Charleston, SC

Quick Answer: Civil disputes from North Charleston may be filed in Charleston, Berkeley or Dorchester County, depending on where the parties are and where the dispute arose. Claims of $7,500 or less generally go to magistrate court, and larger claims go to the Court of Common Pleas. Most contract claims in South Carolina must be brought within three years, many contracts contain arbitration or venue clauses that control where a dispute is heard, and a strong demand letter resolves many disputes before suit.

On this page:

• Where can a North Charleston civil case be filed?
• What commercial disputes do we handle?
• How do you collect money a customer owes you?
• What happens when a commercial tenant or landlord breaches a lease?
• Are non-compete agreements enforceable in South Carolina?
• Does an arbitration clause keep your dispute out of court?
• How are heirs’ property disputes resolved?
• How long does a civil lawsuit take?
• How long do you have to file a civil lawsuit?
• What can you do when someone breaches a contract?
• How are business and partnership disputes resolved?
• What real estate and landlord-tenant disputes do we handle?
• Will your case have to go through mediation?
• What happens after you win a judgment?

Where Can a North Charleston Civil Case Be Filed?

Venue in South Carolina generally depends on where the defendant lives or does business, and for some claims, where the property or transaction is located. Because North Charleston spans three counties, the proper court is not always obvious. The following table summarizes the main options:

In addition, many business contracts include a forum selection clause requiring suit in a particular county or state. We review those provisions before filing, since filing in the wrong place can cost time and money.

What Commercial Disputes Do We Handle in North Charleston?

Our North Charleston civil litigation lawyers handle disputes that arise in the day-to-day operations of businesses, including:

• Supplier and vendor contracts, such as late, defective or incomplete deliveries;
• Unpaid invoices and accounts receivable;
• Equipment leases and service agreements;
• Disputes among business owners and partners over management, money or a buyout;
• Construction payment disputes and mechanic’s liens; and
• Claims under the South Carolina Unfair Trade Practices Act, S.C. Code Section 39-5-140, which can allow treble damages and attorney’s fees for willful violations.

How Do You Collect Money a Customer Owes You?

It depends on the amount and the documentation. For claims of $7,500 or less, a magistrate court action under S.C. Code Section 22-3-10 is often the fastest option. Larger claims are filed in the Court of Common Pleas. If the debtor does not respond to a properly served summons and complaint, the creditor may be able to obtain a default judgment.

Notably, a judgment is only valuable if it can be collected. A South Carolina judgment generally remains enforceable for ten years and can become a lien on the debtor’s real property in the county where it is recorded, and supplementary proceedings can be used to examine the debtor’s assets. We consider collectability before recommending suit.

What Happens When a Commercial Tenant or Landlord Breaches a Lease?

Commercial leases are governed mainly by their own terms, which often address default notices, cure periods, rent acceleration, guaranties, maintenance responsibilities and attorney’s fees. A landlord whose tenant stops paying may pursue unpaid rent, eviction and claims against any personal guarantor. A tenant whose landlord fails to make required repairs or interferes with the premises may have claims of its own. Because commercial tenants generally do not have the protections given to residential tenants, the lease language usually decides the case.

Are Non-Compete Agreements Enforceable in South Carolina?

Sometimes. South Carolina courts generally enforce a non-compete only if it is necessary to protect a legitimate business interest, reasonably limited in time and geographic area, not unduly harsh on the employee, and supported by valuable consideration. Courts in this state construe these agreements strictly against the employer, and they generally will not rewrite an overly broad restriction to make it enforceable. As a result, the exact wording matters a great deal, whether you are an employer seeking to enforce one or an employee trying to change jobs.

Does an Arbitration Clause Keep Your Dispute Out of Court?

Often, yes. Many commercial contracts require disputes to be resolved through binding arbitration instead of a lawsuit. Under the South Carolina Uniform Arbitration Act, S.C. Code Section 15-48-10, certain contracts must give notice of the arbitration requirement on the first page in underlined capital letters, and the Federal Arbitration Act may apply to contracts involving interstate commerce. Whether an arbitration clause can be enforced, and whether arbitration is better for you, are questions to answer before either side files.

How Are Heirs’ Property Disputes Resolved in the Lowcountry?

Heirs’ property is land passed down without a will, often over several generations, so that many relatives own undivided shares. It is common in the Lowcountry, and disputes arise when one co-owner wants to sell, build or borrow against the land. When co-owners cannot agree, a partition action asks the court to divide the land or order a sale. South Carolina’s Uniform Partition of Heirs Property Act, S.C. Code Section 15-61-310 et seq., gives family members certain protections, including the right to buy out a co-owner who seeks a sale, in qualifying cases.

How Long Does a Civil Lawsuit Take in South Carolina?

Magistrate court cases can be resolved in a matter of months. Cases in the Court of Common Pleas usually take longer, often a year or more, because they involve written discovery, depositions and, in most cases, mediation under the South Carolina Circuit Court Alternative Dispute Resolution Rules before trial. Meanwhile, most contract claims must be filed within three years under S.C. Code Section 15-3-530, and some deadlines, such as those for mechanic’s liens, are much shorter. For disputes involving injuries rather than money or property, see our North Charleston personal injury lawyer page.

What Should You Do Before Filing a Business Lawsuit?

First, gather the documents that define the relationship: the contract and any amendments, purchase orders, invoices, change orders, emails and text messages. Then confirm the key dates, including when the breach happened and any notice or cure periods the contract requires, because skipping a required notice step can weaken an otherwise strong claim.

In addition, think about what outcome you actually need. Sometimes the best result is payment, sometimes it is getting out of a contract, and sometimes it is preserving a valuable business relationship. A lawsuit is one tool among several, and a clear, well-documented demand letter often brings the other side to the table without the cost of litigation. If suit is necessary, that early preparation makes the case stronger from the first filing.

If you are involved in a business, contract or property dispute in North Charleston, SC, our North Charleston civil litigation lawyers at Clekis Law Firm can explain your options. Call 843-900-0000 or contact us to schedule a free consultation. Our North Charleston office at 2850 Ashley Phosphate Road is open 24 hours a day, seven days a week, and we also meet clients by appointment at our Charleston office on Church Street.

How Long Do You Have to File a Civil Lawsuit in South Carolina?

For most claims, three years. S.C. Code Section 15-3-530 sets a three-year limit for actions on contracts, injury to property and many other civil claims. However, some claims have different time limits, and several deadlines arrive much sooner. For example, a contractor or supplier who wants to protect a mechanic’s lien generally must serve and record it within 90 days after last furnishing labor or materials under S.C. Code Section 29-5-90, and then file suit to enforce it within six months.

As a result, it is better to talk to a lawyer while you still have options, not when a deadline is days away.

What Can You Do When Someone Breaches a Contract?

Generally, the injured party can recover the damages that put it in the position it would have been in if the contract had been performed, such as lost payments, the extra cost of hiring someone else to finish the work, or lost profits that can be proven with reasonable certainty. In some cases, a court can order specific performance, such as completing the sale of a particular property, instead of money damages.

Notably, the contract itself often controls important issues, including whether the winner recovers attorney’s fees, where suit must be filed, and whether the dispute must go to arbitration instead of court. When a breach is accompanied by deceptive or unfair conduct in trade or commerce, the South Carolina Unfair Trade Practices Act, S.C. Code Section 39-5-140, may allow additional damages, including treble damages for willful violations, and attorney’s fees.

How Are Business and Partnership Disputes Resolved?

Most business disputes start with the governing documents. For an LLC, that means the operating agreement; for a corporation, the bylaws and any shareholder agreement; and for a partnership, the partnership agreement. These documents often address buyouts, deadlock, management authority and how disputes must be resolved.

In our experience, the most common disputes among business owners involve one owner taking money or opportunities from the business, disagreements over management or compensation, and how to value an owner’s interest when someone wants out. Many of these disputes resolve through a negotiated buyout, but when they do not, a court can award damages and, in some situations, order an accounting or dissolution.

What Real Estate and Landlord-Tenant Disputes Do We Handle?

Our Charleston civil litigation lawyers handle disputes over purchase contracts that fall through, boundary lines and easements, property damage, and disagreements among co-owners. We also represent landlords and tenants in disputes under the South Carolina Residential Landlord and Tenant Act, S.C. Code Section 27-40-10 et seq., including unpaid rent, property damage, and security deposits, which a landlord generally must return or account for within 30 days after the tenancy ends.

Evictions, called ejectments in South Carolina, are generally handled in magistrate court and move quickly, so both landlords and tenants should act promptly once notices begin.

Will Your Charleston Civil Case Have to Go Through Mediation?

Most likely. Under the South Carolina Circuit Court Alternative Dispute Resolution Rules, most civil cases in the Court of Common Pleas must go through mediation before trial. A neutral mediator meets with both sides and helps them try to reach a settlement, and many cases resolve there. Mediation is confidential, and no one can be forced to settle.

For that reason, we prepare for mediation as carefully as for trial, with a clear presentation of the evidence and a realistic view of the risks for both sides.

What Happens After You Win a Judgment in South Carolina?

A judgment is a court order that the other side owes you money, but it does not pay itself. In South Carolina, a judgment generally remains enforceable for ten years and can become a lien on the debtor’s real property in the county where it is recorded. Collection tools can include supplementary proceedings to examine the debtor’s assets and execution against nonexempt property.

Practically speaking, whether a judgment can be collected is something we consider before filing suit, not after. Clients north of the Neck can also reach us through our North Charleston civil litigation lawyer page.

If you are involved in a contract, business, real estate or construction dispute in Charleston, SC, our Charleston civil litigation lawyers at Clekis Law Firm can explain your options. Call 843-900-0000 or contact us to schedule a consultation. Our Church Street office is open Monday through Friday, 9 a.m. to 5 p.m., by appointment only.

Attorney responsible for this page: Nicholas J. Clekis, Clekis Law Firm, 2850 Ashley Phosphate Road, North Charleston, SC 29418.