30 DAYS TO RESPOND — SC CIRCUIT COURT

How to Answer a Foreclosure Summons in South Carolina

South Carolina homeowners have 30 calendar days from service to file an Answer in SC Circuit Court. SC requires a 90-day pre-foreclosure notice. Here is how to protect your home.

South Carolina Foreclosure Answer

South Carolina is a judicial foreclosure state. The lender files a Complaint in the Court of Common Pleas (SC Circuit Court). Under S.C. Code § 29-3-310, the lender must send a 90-day pre-foreclosure notice before filing.

1

30 Days to Answer

SC R. Civ. P. 12(a): 30 days from the date of service. File your Answer within this time or risk default judgment.

2

Check for 90-Day Pre-Foreclosure Notice

Under S.C. Code § 29-3-310, the lender must send a notice of right to cure at least 90 days before initiating foreclosure. If this notice was not sent or was defective, you have a strong affirmative defense.

3

File in Circuit Court

File in the Court of Common Pleas in the county of the property. No fee for Answer. Serve on plaintiff's attorney.

Deadline 30 calendar days (SC R. Civ. P. 12)
Court SC Circuit Court / Court of Common Pleas
Key Notice 90-day right to cure notice (S.C. Code § 29-3-310)
Filing Fee None for Answer

SC: 30 Days

Check for 90-day notice compliance. File your Answer on time.

Start Your SC Answer

South Carolina FAQs

What if I didn't receive the 90-day notice in SC?