The papers may contain allegations you strongly disagree with, legal terminology you do not recognize, and a deadline that suddenly feels very close.
If you need to prepare an answer to a summons and complaint that South Carolina courts require, the first rule is simple:
Do not ignore the lawsuit.
South Carolina has specific deadlines and pleading rules that determine when and how a defendant should respond.
Your answer may also be the place to raise important defenses and counterclaims.
Coastal Law represents individuals and businesses involved in civil litigation in South Carolina, including those who have been sued in Magistrate Court or the Court of Common Pleas.
What Are a Summons and Complaint?
The summons notifies you that a lawsuit has been filed and tells you that a response is required.
The complaint contains the plaintiff’s factual allegations and legal claims. It also usually describes the relief the plaintiff wants from the court.
Receiving these papers does not mean the plaintiff has won.
It means the plaintiff has started a case and you now have an opportunity to respond.
Keep every document you receive, and note when and how you were served.
The date of service can be important because it typically starts the clock for your response.
How Long Do You Have to Answer a Lawsuit in South Carolina?
The General Deadline Is 30 Days
Under Rule 12(a) of the South Carolina Rules of Civil Procedure, a defendant generally must serve an answer within 30 days after being served with the complaint.
Different timing can apply in certain circumstances, including when the court directs otherwise or when particular motions affect the response period.
If you have been served with summons and complaint paperwork in South Carolina, it is safer to have the documents reviewed promptly rather than calculate the deadline at the last minute.
The rules can also differ depending on the court and type of proceeding.
The summons itself should be reviewed carefully.
What Should an Answer to a Summons and Complaint Include?
Respond to the Plaintiff’s Allegations
An answer does more than say, “I disagree.”
Under South Carolina Rule of Civil Procedure 8, the defendant generally responds to the allegations by:
- Admitting those that are true
- Denying those that are disputed
- Stating when there is insufficient knowledge or information to form a belief about an allegation
South Carolina’s rule specifically cautions against relying on a broad general denial unless the defendant can genuinely dispute every allegation.
Allegations that are not properly denied may be treated as admitted.
That makes it important to work through the complaint paragraph by paragraph rather than send the court an informal letter explaining your side of the story.
Include Applicable Affirmative Defenses
An affirmative defense is a legal reason why the plaintiff should not recover, even if some of the underlying allegations are true.
Rule 8 lists numerous affirmative defenses that may apply depending on the case, including:
- Statute of limitations
- Payment
- Release
- Waiver
- Fraud
- Duress
- Mistake
- Res judicata
- Statute of frauds
- Accord and satisfaction
The correct defenses depend on the facts and type of lawsuit.
For example, a defendant in a contract lawsuit may have defenses based on payment, the statute of limitations, the statute of frauds, mistake, or the plaintiff’s own breach.
Coastal Law’s existing article on breach of contract lawsuits in South Carolina discusses several defenses that may arise in contract litigation.
Should You File a Counterclaim?
Some Counterclaims May Need to Be Raised in the Same Case
Being sued does not necessarily mean you are limited to defending yourself.
You may also have a claim against the plaintiff.
South Carolina Rule of Civil Procedure 13 distinguishes between compulsory and permissive counterclaims.
A claim arising out of the same transaction or occurrence that is the subject of the plaintiff’s lawsuit generally must be stated as a counterclaim, subject to exceptions in the rule.
Other claims against the opposing party may be permissive.
This matters because failing to raise a compulsory counterclaim can potentially prevent you from bringing it in a later lawsuit.
Before filing an answer, consider the entire dispute, not just the allegations selected by the plaintiff.
Do You Have to Serve the Answer on the Other Side?
Yes.
Preparing the answer is only part of the process.
Rule 5 of the South Carolina Rules of Civil Procedure generally requires pleadings filed after the original summons and complaint, including answers and counterclaims, to be served on the parties of record.
The answer also needs to be handled according to the filing requirements that apply to the court where the case is pending.
These procedural details are another reason not to treat an answer as an informal response letter.
What Happens If You Do Not Answer the Complaint?
You Could Face Default
Ignoring the lawsuit can have serious consequences.
Rule 55 allows an entry of default when a party fails to plead or otherwise defend as required by the rules.
Depending on the type of claim, the plaintiff may then seek a default judgment.
A default can put you in a much more difficult position because the case may move forward without your defenses being considered in the ordinary way.
Courts can set aside an entry of default for good cause.
A default judgment may also sometimes be challenged under additional rules.
However, you should not count on being able to undo a missed deadline.
Coastal Law’s civil litigation page also warns that doing nothing after being sued can result in a judgment being entered against you.
What Should You Do Immediately After Being Served?
Start by keeping the summons, complaint, and anything else delivered with them.
Record the date of service and identify which court is handling the case.
If an insurance policy could potentially cover the lawsuit, notify the carrier promptly.
You should also preserve relevant evidence, including:
- Contracts
- Emails
- Text messages
- Photographs
- Business records
- Other documents related to the dispute
Be careful about discussing the dispute online.
Coastal Law’s article on social media evidence in South Carolina courts explains how posts, photographs, and comments can potentially be used as evidence in civil cases.
Business owners may also find Coastal Law’s article on avoiding lawsuits and business litigation useful when a dispute involves contracts or ongoing business relationships.
Frequently Asked Questions About Answering a South Carolina Lawsuit
How long do I have to answer a summons and complaint in South Carolina?
A defendant generally has 30 days after service of the complaint to serve an answer under Rule 12(a), although exceptions can apply.
Can I simply deny everything in the complaint?
Not necessarily.
South Carolina’s pleading rules generally require defendants to address allegations specifically.
A general denial is appropriate only in limited circumstances.
What is an affirmative defense?
An affirmative defense is a legal defense that may prevent or limit the plaintiff’s recovery.
Examples include the statute of limitations, payment, release, waiver, and the statute of frauds.
Can I sue the plaintiff back?
Possibly.
Rule 13 permits counterclaims and requires certain claims arising from the same transaction or occurrence to be raised in the existing case.
What happens if I miss the deadline?
The plaintiff may seek an entry of default and potentially a default judgment.
Whether a default can later be set aside depends on the circumstances.
Talk With Coastal Law About Responding to a South Carolina Lawsuit
An answer can shape the rest of a civil case.
It determines how you respond to the allegations and may be the time to raise defenses and counterclaims that could affect the outcome of the dispute.
Coastal Law handles civil litigation involving individuals and businesses in South Carolina, including lawsuits in Magistrate Court and the Court of Common Pleas.
To discuss a summons, complaint, or other civil dispute, learn more about the firm’s civil litigation services or contact Coastal Law HERE.
