What Do Process Servers in South Carolina Do

This article will provide guidance on What Do Process Servers in South Carolina Do? The sheriff or a deputy sheriff, or any other person over eighteen (18) who is not an attorney in nor a party to the case, may serve a summons in South Carolina. This is not exclusive, however, service of process can also be made by any person designated by the court who is not less than eighteen (18) years of age and is not an attorney in or a party to the action. It is, however, preferable to ensure that a private process service agency like Undisputed Legal performs the service of process in order to ensure that your documents are delivered promptly and efficiently. Click Here for Frequently Asked Questions About Process Servers!

BACKGROUND

The plaintiff or the plaintiff’s counsel must issue the summons. Defendants must be served with a copy of the original summons. The plaintiff or his attorney must sign the summons, include the name of the state and county, the name of the court, the case number, the names of the parties, be addressed to the defendant, including the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and specify the time within which the defendant must appear and defend or face a default judgment by default. Click here for information on How Rush Process Service Can Expedite Your Case.

Both the complaint and summons need to be served at the same time. The plaintiff is responsible for providing the person affecting service with any copies that are required. Written notice of attendance by a party or their counsel must be effective upon mailing or may be served as specified. A defendant’s voluntary appearance is equal to personal service. Click here for information on How Service of Process Ensures A Solid Foundation.

Our process servers in South Carolina can deliver any court document, including but not limited to: summons and complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notices, motions, and more. We are well equipped to serve papers in South Carolina since we are a full-service process-serving organization that helps people throughout the state, including federal, state, and local governments, as well as legal professionals and the general public. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

Local South Carolina process servers are used so that we may give the highest quality of service possible across all three (3) tiers of South Carolina process service to every one of our customers. You may choose between two processing times we offer, either [A.] Routine Service, where our server will make their first attempt within five to seven business days, and [B.] Rush Service, where the first attempt may be made within forty-eight hours. We also provide mail service, where documents are sent out within twenty-four hours.

Our process servers will make up to three (3) attempts, the only variation being the time of day they begin, regardless of which process service option may be chosen.

SERVICE OF PROCESS IN SOUTH CAROLINA

Service of process may be made upon any person, other than a minor under the age of fourteen or an incompetent person, by delivering a copy of the summons and complaint to the such person personally, leaving a copy of the same at their dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or delivering a copy to an agent authorized by appointment or by law to receive service of process.

Delivery of a copy of the summons and complaint to an officer, managing or general agent, or any other agent authorized by appointment or by law to receive service of process, and if the agent is one authorized to receive service of process and the statute so requires, mailing a copy to the defendant. This applies to corporations, partnerships, and other unincorporated associations sued under a common name. Our servers deliver papers to any institution across South Carolina in compliance with process service rules.

The date of delivery, as reflected on the acknowledgment of receipt, is the date on which service is deemed to have been rendered. In the absence of a return receipt evidencing the acceptance of service by the defendant, service of process will not be the foundation for the entry of a default or a judgment by default. Service of a summons and complaint, notice, or order upon a person who is not a resident of nor located in the State must be performed in the manner and under the conditions set out in the applicable legislation or court order. Our process servers are well acquainted with the legal requirements of South Carolina and will comply with the prerequisites of service to the utmost.

PROOF OF SERVICE IN SOUTH CAROLINA

Service of process must be made in a timely manner, and evidence of service must be provided to the issuing official or person. However, it is also important to provide our clients with details as to where their documents are. It is vital that our clients feel comfortable and well-informed about their service. Thus, Undisputed Legal provides GPS affidavits of service to our clients as well as email updates in ‘real time’ to inform them as to the status of their documents. We also provide an email copy of the affidavit in order to ensure that any documents that we mail are also accounted for. Only seasoned process servers in South Carolina who have met the most recent license, schooling, and bonding criteria required by their jurisdiction may serve court papers. We at Undisputed Legal, Inc. make it our business to track down elusive defendants and witnesses so that we may serve them with legal documents.

The return should also show any further service on the defendant if the mailing was denied. The clerk must quickly submit the return, the receipt or envelope, and any other documentation with the pleadings to ensure that it is preserved as part of the record.

OUT-OF-STATE SERVICE IN SOUTH CAROLINA

In the event that service is accomplished outside of the state, an affidavit executed inside the United States shall be sufficient evidence of such service before anyone who is legally able to make an affidavit in this State.

Even if evidence of service is provided, service will still be considered genuine. If the name and address of the person served at that address are available, they should be included in the evidence of service. If this is not the case, the proof of service should include the date, time, and location of service and a description of the person served. If the process was sent, the server must include the date and location of the mailing in their proof of service and provide a copy of the return receipt or returned envelope, which indicates whether the mailing was accepted, denied, or otherwise returned.

EVIDENCE OF SERVICE IN SOUTH CAROLINA

The court may, at any time and on such conditions as it considers reasonable, permit any process or evidence of service thereof to be changed by writing order unless it seems that serious injury would arise to the substantial rights of the person against whom the process issued. Any acceptance of service signed in writing by the person being served or his attorney and given to the person doing service will be sufficient evidence of service. The date and location of the accepted service must be included in the acknowledgment.

The court in the county where the trial or hearing is scheduled must issue the subpoena requiring presence. The court in the county where the deposition is scheduled to take place is responsible for issuing the subpoena requiring attendance. The time, location, and mode of service or publishing and mailing must be included in the proof of service of the summons and complaint or any pleading, process, or other documents can be either through a certificate of service from a sheriff or county constable or as an affidavit of service from any other person.

Unless it shows that the substantial rights of the person against whom the process issued will be injured thereby, the court may at any time enable any summons or other process or evidence of service thereof to be altered, in its discretion and on such conditions as it considers reasonable.

A copy of the summons, two copies of the notice and admission of service, and a return envelope, postage prepaid and addressed to the sender, may be mailed to a defendant in any action without regard to any other provision of law. It must be stated in the notice and admission of service that if the person served does not sign and return the admission of service within twenty days of the date of mailing; then the court will require that person to pay the expenses of personal serving. The expenses of personal service must be assessed on the defendant in the action unless good cause is proven for the failure to return the admission of service to the sender within twenty days after mailing.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN South carolina

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large! For a complete list of our South Carolina Process Service Coverage Areas, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide New York City service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. The sheriff or a deputy sheriff, or any other person over the age of eighteen (18) who is not an attorney in nor a party to the case, may serve a summons. Except for subpoenas, which may be served in accordance with Rule 45, service of process shall be made by the sheriff or his deputy or any other duly constituted law enforcement officer or by any person designated by the court who is not less than eighteen (18) years of age and is not an attorney in or a party to the action.

2. A copy of the summons and complaint must be sent to the Attorney General by registered or certified mail in any action challenging the constitutionality of a state legislation in which the state, officer, or agency is not named a party.

A representative of the state; a government agency. Service upon a State official or agency shall be made by personal delivery of a copy of the summons and complaint to such officer or agency and by mailing a copy of the summons and complaint to the Attorney General of the District of Columbia by registered or certified mail. A copy must be distributed as described in subsection (3) if the agency is a company.

3. Upon the State of South Carolina, by personally delivering a copy of the summons and complaint to the Attorney General of South Carolina, or, when another official is designated to be served by the statute permitting such action, by personally delivering a copy of the summons and complaint to that official and mailing a copy of the summons and complaint to the Attorney General at Columbia by registered or certified mail.

4. A copy of the summons and complaint must be served on the minor’s parent or guardian if the minor is between the ages of 14 and 18 and lives with that person in the State. If the defendant is an inmate of a correctional facility or a patient at a state hospital or similar institution in or outside of this state, the sheriff of the county where the defendant is located shall serve the summons and complaint on the defendant by personally delivering a copy of the summons and complaint to the defendant. Instead of the sheriff, the institution’s superintendent or the director of the prison system, or assistants duly designated by the superintendent or the director in writing for the purpose of making service of process, may serve process on an inmate or patient of a state hospital or similar institution. No compensation should be due to the director, superintendent, or their approved assistants.

5. Division of Government. A summons and complaint may be served upon a municipality, county, or other governmental or political subdivision subject to suit by delivering a copy to the chief executive officer or clerk thereof, or by service in the manner provided by law for service of summons and complaint or similar process upon any such defendant.

6. Service of the summons and complaint in the manner authorised by legislation is also adequate if delivered upon a defendant. The plaintiff or any person authorised to serve process pursuant to Rule 4 (c), including a sheriff or his deputy, may serve a summons and complaint upon a defendant of any class referred to by registered or certified mail, return receipt requested and delivery restricted to the addressee.

7. In the absence of a specific statutory provision to the contrary, service of process (including subpoenas) may be made at any location inside or beyond the state’s borders. Within the geographical limitations set out in Rule 45, a subpoena may be served.

8. If process is to be served by publication, the printer or publisher must give an affidavit to that effect, and if service by mail is permissible or required by law, the party or his counsel shall make an affidavit to that effect.

9. A subpoena must include the following information: the name of the court issuing it; the name of the court in which the action is pending; the civil action number; and an order compelling the witness or other person named in the subpoena to appear at a specified time and place and give testimony or produce and permit inspection and copying of specified books, documents, or tangible things in the witness’s possession, custody, or control or to allow inspection of premises. It is possible to make a supplemental order to provide evidence or to authorise inspection in addition to an order to appear at trial, hearing, or deposition.

10. In the event of publishing, by the affidavit of the printer, his foreman or chief clerk, or the publisher of the newspaper proving the same, and an affidavit of mailing of copies as required by law; or In the case of mailing, by the affidavit of mailing and admission of service.