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 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.
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.
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.
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 |