Skip to content

South Carolina Process Server Personal and Abode Service in All 46 Counties, Under SCRCP Rule 4

In South Carolina the summons comes from the plaintiff’s side: SCRCP 4(a)–(b) has the plaintiff or the plaintiff’s attorney issue and sign it, and Rule 4(c) lets any person 18 or older who is neither a party nor an attorney in the action serve it, with no court order. Served 123 LLC arranges that service in all 46 South Carolina counties, in hand or at the usual place of abode, with up to three attempts per address and the server’s Rule 4(g) affidavit of service. Mind the clock: when the limitation period would run first, Rule 3(a) needs actual service no later than 120 days after filing.

Questions? Call (800) 321-2377

How South Carolina Service of Process Works

  1. 1

    Send the Signed Summons.

    Upload the summons you or your attorney signed, the complaint, and the defendant’s home address, plus an office address or registered agent for a company.

  2. 2

    Review Your Written Quote.

    Before any work starts, a written quote for that South Carolina county sets out the cost and the turnaround.

  3. 3

    We Serve. You Get the Affidavit.

    You receive the server’s affidavit of service, the sworn proof Rule 4(g) requires, giving the date, time, place and person served, or the diligent efforts made when service could not be completed.

What to Have Ready

  • A summons you or your attorney signedSouth Carolina summonses come from the plaintiff side, not the clerk
  • The complaint, to travel with the summonsRule 4(d) serves the two together and has the plaintiff supply every copy
  • The filing dateit starts the 120 days for actual service under Rule 3(a)(2)
  • Other process may need a designationa court designates its server; we tell you at intake and give you the steps

Who We Serve in South Carolina

  • Individualsdelivered in hand by a non-party 18 or older who is not an attorney in the case SCRCP 4(c), (d)⁠(1)
  • Someone at homea household resident of suitable age and discretion, whose relationship to the defendant form SCCA 402 records SCRCP 4(d)⁠(1); SCCA 402
  • Companiesan officer, a managing or general agent, or another agent authorized by appointment or by law, with a mailed copy where that agent’s statute calls for one SCRCP 4(d)⁠(3)
  • The State and local governmentthe Attorney General, or an official a statute designates plus mail to the Attorney General, for the State; the chief executive officer or clerk, or a statute’s method, for a city or county SCRCP 4(d)⁠(4), (6)

South Carolina Service of Process Order

Request a free written quote. Each address starts in South Carolina. Serving someone in another state? Change the first address’s State and we take you to that state’s page with your entries kept.

South Carolina proof: a server other than the sheriff or a deputy makes an affidavit giving the date, time and place of service and who was served (SCRCP 4(g)); Court Administration publishes form SCCA 402, Affidavit of Service.

South Carolina Quick Answers

Is a South Carolina action commenced on filing?
Yes, if the summons and complaint are served within the statute of limitations; if not, only when actual service follows no later than 120 days after filing. SCRCP 3(a) More
Can an attorney in the case serve the summons?
No. Rule 4(c) lets anyone else 18 or older who is not a party serve it, with no order; a subpoena, any non-party 18 or older. Other process needs the sheriff, a deputy, another law enforcement officer or a person the court designates. SCRCP 4(c) More
Does § 15-9-17 allow Sunday service?
Yes, except on a person going to, coming from or attending a scheduled church or other religious service. S.C. Code § 15-⁠9-⁠17 More
What does the server sign once the papers are served?
A Rule 4(g) affidavit, a sworn statement, giving the date, time and place and the person served; the sheriff or a deputy proves service by certificate instead. SCRCP 4(g); SCCA 402 More
Can a Rule 4(d)(8) mailing support a default judgment?
Only if the record holds a return receipt showing the defendant accepted it, and the default is set aside if the defendant shows an unauthorized person signed it; if delivery is refused or the mail comes back, service is made another way. SCRCP 4(d)⁠(8) More
Who takes service for an LLC with no reachable agent?
The Secretary of State, when the company fails to appoint or keep an agent in South Carolina, or its agent cannot with reasonable diligence be found at the agent’s address. S.C. Code § 33-⁠44-⁠111(b) More
Map of South Carolina’s 46 countiesAbbeville CountyAiken CountyAllendale CountyAnderson CountyBamberg CountyBarnwell CountyBeaufort CountyBerkeley CountyCalhoun CountyCharleston CountyCherokee CountyChester CountyChesterfield CountyClarendon CountyColleton CountyDarlington CountyDillon CountyDorchester CountyEdgefield CountyFairfield CountyFlorence CountyGeorgetown CountyGreenville CountyGreenwood CountyHampton CountyHorry CountyJasper CountyKershaw CountyLancaster CountyLaurens CountyLee CountyLexington CountyMarion CountyMarlboro CountyMcCormick CountyNewberry CountyOconee CountyOrangeburg CountyPickens CountyRichland CountySaluda CountySpartanburg CountySumter CountyUnion CountyWilliamsburg CountyYork County
All 46 South Carolina counties covered

Where We Serve in South Carolina

46Counties Covered
Up to 3Attempts Per Address
Same-DayRush Available
NAPPSMember Since 2023

South Carolina 120-Day Service Calculator Under Rule 3(a)

When the summons and complaint are not served within the statute of limitations, SCRCP 3(a)(2) and S.C. Code § 15-3-20(B) count the action as commenced on filing only if actual service follows no later than 120 days after filing. Rule 6(a) leaves out the filing day and carries a last day that lands on a Saturday, Sunday or State or Federal holiday to the next day that is none of those.

Actual service by
Enter the filing date
The calculator uses the legal holidays S.C. Code § 53-5-10 lists, moved off a weekend as § 53-5-30 directs (a Sunday holiday to Monday, a Saturday holiday to Friday; a Sunday holiday moved to a first Monday stays a legal day, § 53-5-60), plus Juneteenth and Columbus Day, which are Federal holidays under 5 U.S.C. 6103 but not on the state list.
A planning aid, not legal advice. It does not move a date for the weekday the federal government observes in place of a weekend Juneteenth, or for a day a courthouse closes for another reason. The 120 days decide commencement only when the limitation period would otherwise run first; Rule 3(a) itself states no extension, so if a limitation period is close, ask counsel. Once served, the defendant has 30 days to answer, unless the court directs otherwise for service under Rule 4(e) (Rule 12(a)).

South Carolina Rule 4 and the Service Statutes in Brief

The South Carolina Supreme Court writes the Rules of Civil Procedure. Rule 4 holds the summons, who may serve it and how, Rule 4.1 covers defendants abroad, and Title 15 of the Code of Laws adds Sunday service, the corporate mail and Secretary of State routes, and publication.

18The minimum age of a private person serving a summons, who also may not be a party or an attorney in the actionSCRCP 4(c)
120 daysFrom filing to actual service, when service does not come within the statute of limitationsSCRCP 3(a)⁠(2)
30 daysFor the defendant to serve an answer after being served with the complaint, unless the court directs otherwise for Rule 4(e) serviceSCRCP 12(a)
Service of summons may be made by the sheriff, his deputy, or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action.
South Carolina Rule of Civil Procedure 4(c)
When the action starts
Filing the summons and complaint commences the action if they are served within the statute of limitations; if not, actual service must follow no later than 120 days after filing.
SCRCP 3(a); S.C. Code § 15-⁠3-⁠20(B)
Counting the 120 days
The filing day is not counted. A last day on a Saturday, Sunday or State or Federal holiday carries to the next day that is none of those.
SCRCP 6(a)
Which courts
The civil rules also govern magistrate’s, probate and family courts as far as practicable and where those courts’ own statutes and rules do not conflict.
SCRCP 81
The summons
Issued by the plaintiff or the plaintiff’s attorney and signed by either. It names the State and county, the court, the file number and the parties; is directed to the defendant; gives the name and address of the plaintiff’s attorney, or the plaintiff’s own address when there is none; states the time the rules allow the defendant to appear and defend; and warns that default judgment follows a failure to do so. It is served together with the complaint, and the plaintiff hands the server every copy needed.
SCRCP 4(a)–⁠(b), (d)
Who serves a summons
The sheriff, a deputy, or any person 18 or older who is neither a party nor an attorney in the action. Rule 4(c) asks for no court order for a summons.
SCRCP 4(c)
Who serves other process
The sheriff, a deputy, any other duly constituted law enforcement officer, or a person the court designates who is 18 or older and not an attorney in or a party to the action. Orders not needed for jurisdiction, temporary restraining orders among them, need not go through the sheriff unless the court says so.
SCRCP 4(c) and 1986 note
An individual
Rule 4(d)(1) gives three routes: the defendant personally; a resident of the home who is of suitable age and discretion; or an agent the defendant appointed or the law names.
SCRCP 4(d)⁠(1)
Minors and incompetent persons
A minor under 14, a person judicially declared incapable of conducting their own affairs, or an incompetent person: the person in hand plus the guardian or committee, or failing one in South Carolina, a parent or other person with care and control, a competent person they live with, or their employer. Ages 14 to 18 living with a parent or guardian: that parent or guardian is also served when in the State.
SCRCP 4(d)⁠(2)
Prisons and state hospitals
Delivered to the confined person in hand by the sheriff of that county, or by the superintendent or prison director or their written designees. A state mental health facility director may not accept papers for a patient; when papers are served on a patient there, a copy must be filed with the director.
SCRCP 4(d)⁠(2); S.C. Code § 15-⁠9-⁠510
Corporations and associations
An officer, a managing or general agent, or an agent authorized by appointment or by law (plus mail to the company when the agent’s statute requires it). A domestic corporation’s registered agent binds it; process served on any agent of an unincorporated association doing business here under its usual name makes it a party in any court of record in the county where that agent may be served; any manner a statute prescribes also works.
SCRCP 4(d)⁠(3), (7); S.C. Code §§ 15-⁠9-⁠210(a), 15-⁠9-⁠330, 33-⁠5-⁠101, 33-⁠5-⁠104
Corporation by mail
Certified or registered mail to the registered agent’s office or the corporate secretary at the principal office. With no registered agent, or one that cannot be served with reasonable diligence, an affidavit supports an order for that mail to the secretary: the summons states the date it was mailed and the date service is effective, and service is perfected five days after mailing when correctly addressed to the principal office listed on the last filed annual report (or the other filing § 15-9-210(c) names). These are not the only ways to serve.
S.C. Code § 15-⁠9-⁠210(b)–⁠(d)
Out-of-state corporations
A registered foreign corporation is served through its registered agent. One with no registered agent or one that cannot be served with reasonable diligence, or one that withdrew or lost its authority, may be mailed by order on affidavit; the summons states the date it was mailed and that service is perfected five days after mailing. One doing business here without authority is treated as having named the Secretary of State for any action arising out of or in connection with that business: duplicate copies are left with the Secretary of State, who forwards one by certified mail. Proof is an affidavit of compliance, filed with the return receipt or other official proof of delivery, or with the envelope marked refused; after a refusal, a copy of the notice and process, with notice of the mailing and the refusal, must be sent promptly to the corporation. Delivery to the corporation outside the State also counts, proved by the deliverer’s affidavit.
S.C. Code §§ 15-⁠9-⁠240, 15-⁠9-⁠245
LLCs
Each LLC keeps an agent and street address in South Carolina. If none is kept, or the agent cannot be found there with reasonable diligence, the Secretary of State is the agent: duplicate copies are delivered to and left with the Secretary of State or a clerk in its limited liability company department, and one is forwarded by registered or certified mail, return receipt requested, to the company’s designated office; service is effected at the earliest of receipt, a signed return receipt, or five days after mailing. Other lawful methods remain open.
S.C. Code §§ 33-⁠44-⁠108, 33-⁠44-⁠111
Time to respond after statutory-agent service
When a party must act within a set period after a paper is served, and the paper was served by mail or on a person designated by statute to accept service, Rule 6(e) adds five days to that period.
SCRCP 6(e)
Limited partnerships
A limited partnership keeps an agent who is a South Carolina resident or a corporation able to do business here. A foreign one doing business without registering makes the Secretary of State its agent for claims from that business.
S.C. Code §§ 33-⁠42-⁠50, 33-⁠42-⁠1670
Government defendants
The State: the Attorney General, or, when the statute permitting the action designates another official, that official plus registered or certified mail to the Attorney General at Columbia. A state officer or agency: that officer or agency, plus the same mail to the Attorney General; if the agency is a corporation, its copy is delivered as Rule 4(d)(3) provides. An action attacking a State statute’s constitutionality without the State, an officer or an agency as a party: a copy by registered or certified mail to the Attorney General. A city, county or other subdivision: its chief executive officer or clerk, or the manner a statute prescribes.
SCRCP 4(d)⁠(4)–⁠(6)
Certified mail
For an individual other than a minor under 14 or an incompetent person, or for a corporation, partnership or association, the plaintiff or any Rule 4(c) server may mail registered or certified, return receipt requested, restricted delivery; effective on the receipt’s delivery date. Default needs a receipt showing the defendant accepted, and a default is set aside if the defendant shows the court an unauthorized person signed the receipt. Refused or returned mail means serving another way.
SCRCP 4(d)⁠(8)
Commercial carrier
A carrier that qualifies as a designated delivery service under 26 U.S.C. § 7502(f)(2) also works, effective on its delivery date; default needs a delivery record with the person’s signature or its image, and is set aside if the defendant shows an unauthorized person signed the delivery receipt; refused or returned delivery means serving another way; proof is the sender’s affidavit with the delivery record attached (Rule 4(g)).
SCRCP 4(d)⁠(9), 4(g)
Sundays
A process server may serve on Sunday, but not a person going to, coming from or attending a scheduled church or other religious service that day.
S.C. Code § 15-⁠9-⁠17
Legal holidays
Notwithstanding §§ 53-5-10 and 53-5-30, each first Monday of a month is a legal day for judicial or sheriff’s sales or the transaction of any legal business.
S.C. Code § 53-⁠5-⁠60
Where process runs
Anywhere in South Carolina, and beyond its borders where a statute allows. For a defendant not found in the State, the statute or order that authorizes it sets how.
SCRCP 4(e)–⁠(f)
Long-arm service
For claims from business transacted here and the other listed acts, service may be made outside the State, when reasonably calculated to give actual notice: by personal delivery as within the State, as the place of service allows, by restricted-delivery certified mail with an accepted receipt, or as the court directs, by anyone allowed to serve under either place’s law or designated by a South Carolina court. Personal service out of State stands in for publication.
S.C. Code §§ 36-⁠2-⁠803, -804, -806, -807, 15-⁠9-⁠750
Subpoenas
The clerk issues them signed in blank, or an attorney may issue one for a court where the attorney practices. Any non-party 18 or older serves it the way Rule 4(d) or (j) serves a summons. A witness commanded to attend is tendered fees for each day’s attendance and mileage on arrival, unless the subpoena is issued on behalf of the State or an officer or agency of the State. A subpoena commanding a person who is not a party, or an officer, director or managing agent of a party, to attend a deposition or to produce or permit inspection issues from, and is served in, the county where that person lives, works or regularly does business in person. When a subpoena commands production of documents, electronically stored information or tangible things, or inspection of premises, before trial, a copy goes to each party before the subpoena is served on its recipient, at least ten days before compliance; proof is a certified statement of the date, manner and persons served, filed with the issuing court.
SCRCP 45(a)⁠(3)–⁠(4), (b)⁠(1)–⁠(3)
Proof of service
Made promptly and delivered to whoever issued the process: a certificate from the sheriff or a deputy, an affidavit from anyone else. It states the date, time and place and the name and address of the person served, or a description; mail service adds the mailing details and the receipt. The clerk files it with the pleadings.
SCRCP 4(g)
Proof from another state
Within the United States, an affidavit before any person in South Carolina authorized to make an affidavit, a commissioner of deeds for South Carolina, a notary public under seal, or a clerk of a court of record under seal; the long-arm statute also accepts the server’s own affidavit.
SCRCP 4(h); S.C. Code § 36-⁠2-⁠806(2)
Late or flawed proof
A missing proof does not undo the service, and the court may allow process or proof to be amended unless material prejudice clearly results.
SCRCP 4(g), (i)
Accepting service
A written acknowledgment signed by the person served or their attorney, stating the place and date and delivered to the person making service, needs no further proof; a voluntary appearance equals personal service.
SCRCP 4(d), (j)

Rules verified October 2026 against the South Carolina Rules of Civil Procedure 3, 4, 4.1, 6, 12, 28, 45 and 81, with their notes, and Court Administration form SCCA 402, as published by the South Carolina Judicial Branch; South Carolina Code of Laws sections 15-3-20, 15-9-17, 15-9-210, 15-9-240, 15-9-245, 15-9-330, 15-9-510, 15-9-710, 15-9-740, 15-9-750, 15-47-100 through 15-47-150, 33-5-101, 33-5-104, 33-42-50, 33-42-1670, 33-44-108, 33-44-111, 36-2-803 through 36-2-807, 53-5-10, 53-5-30 and 53-5-60 as published on scstatehouse.gov; and 5 U.S.C. 6103. General information, not legal advice. The rule controls.

Ways to Serve a South Carolina Summons

Served 123 takes every South Carolina route on one order: hand delivery, the defendant’s home, companies and their agents, the Secretary of State for an LLC, publication, restricted certified mail, defendants in another state or abroad, and witness subpoenas. What stays outside it is the sheriff’s own service and a written acceptance the defendant signs.

The defendant is an individual who can be found
Summons and complaint delivered to the defendant personally by a person 18 or older, not an attorney in or a party to the actionServed 123
SCRCP 4(c), 4(d)⁠(1)
The defendant is out, but someone lives at the home
Left at the dwelling house or usual place of abode with a resident of suitable age and discretionServed 123
SCRCP 4(d)⁠(1)
The defendant is a corporation, partnership or association
Delivered to an officer, a managing or general agent, or an agent authorized by appointment or by lawServed 123
SCRCP 4(d)⁠(3)
The company’s registered agent is missing or cannot be served with reasonable diligence
Court-ordered mail to the corporate secretary on affidavit, the summons stating the mailing and effective dates; for an LLC, duplicate copies left with the Secretary of State, who mails one to the companyServed 123
§§ 15-⁠9-⁠210(c),
33-⁠44-⁠111(b)–(c)
The defendant cannot be found in South Carolina after due diligence, shown by affidavit
In a case § 15-9-710 lists, an order for publication at least once a week for three weeksServed 123
§§ 15-⁠9-⁠710,
15-⁠9-⁠740
The plaintiff chooses registered or certified mail, restricted to the addressee, for an individual (not a minor under 14 or an incompetent person) or a company
Effective on the receipt’s delivery date; a default needs a receipt the defendant accepted and is set aside if an unauthorized person signed it; refused or returned mail means another methodServed 123
SCRCP 4(d)⁠(8)
The defendant is in another state and a long-arm ground applies
Personal delivery as within South Carolina, or another § 36-2-806 methodServed 123
§§ 36-⁠2-⁠804,
36-⁠2-⁠806
The defendant is in a foreign country
A Hague Convention method, or a Rule 4.1(a)(2) or (3) methodServed 123
SCRCP 4.1
The papers are a subpoena to a witness
Served by a non-party 18 or older as Rule 4(d) or (j) serves a summonsServed 123
SCRCP 45(b)⁠(1)

Every route above, one order.

Get a Free Quote Online →
Other routes: the sheriff and written acceptance (2)
The summons goes to the sheriff or his deputy
Served by the sheriff, with proof by the sheriff’s certificate
SCRCP 4(c), 4(g)
The defendant or their attorney signs a written acceptance stating the place and date, delivered to the person making service
No other proof of service is needed
SCRCP 4(j)

The South Carolina Affidavit of Service

The sheriff or a deputy proves service by certificate; anyone else makes an affidavit, a sworn statement (form SCCA 402 is sworn to and subscribed before an officer). Rule 4(g) has the server make that proof promptly and deliver it to the officer or person who issued the process, and the clerk files it with the pleadings. A missing proof does not undo the service, and the court may allow an amendment unless material prejudice clearly results (Rule 4(i)).

Service made outside South Carolina but within the United States may be proved by an affidavit before a person in South Carolina authorized to make an affidavit, a commissioner of deeds, a notary public or a clerk of a court of record (Rule 4(h)). A subpoena is proved by the server’s certified statement filed with the issuing court (Rule 45(b)(3)).

  1. 1Date, time and place of the service.
  2. 2The person served: name and address if known, otherwise a description.
  3. 3By mail: the date and place of mailing, with the return receipt or returned envelope attached.
  4. 4Delivered promptly to whoever issued the process, for the clerk to file with the pleadings.

How South Carolina Service Works With Us

For attorneys, lenders, property managers and self-represented parties with a defendant anywhere from Oconee and Greenville counties to Charleston and Horry counties.

  1. 1

    Send the Signed Summons

    Upload the summons you or your attorney signed, the complaint, and the defendant’s home address, plus an office address or registered agent for a company.

  2. 2

    Review Your Written Quote

    Before any work starts, a written quote for that South Carolina county sets out the cost and the turnaround.

  3. 3

    Personal or Abode Delivery

    A Rule 4(c) server, 18 or older and outside the case, delivers the papers in hand or at the usual place of abode, making up to three attempts and recording when and where each one happened.

  4. 4

    Your Rule 4(g) Affidavit

    You receive the server’s affidavit of service, the sworn proof Rule 4(g) requires, giving the date, time, place and person served, or the diligent efforts made when service could not be completed.

Turnaround in South Carolina

Routine
First attempt in 5-7 business days. Our standard turnaround.
Preferred
First attempt in 2-3 business days. Priority over standard orders.
Next-Day
First attempt within 2 business days. For deadlines already close.
Same-Day
First attempt the same business day. Plus a same-day rush charge.

Rule 4(g) has the server make proof of service promptly and deliver it to whoever issued the process, and Rule 3(a)(2) needs actual service within 120 days of filing when the limitation period would otherwise run out. Our turnaround sets when the first attempt is made; a first attempt is not service. For process other than a summons or subpoena, the clock starts once the issuing court has named the server.

Every South Carolina Order Includes

  • Up to three attempts at each South Carolina address (a second address is a separate service)
  • A server who meets Rule 4(c) for a summons and Rule 45(b)(1) for a subpoena; where other process needs a server the issuing court designates, we tell you at intake and give you the steps, and service starts once the court has named the server
  • The server’s affidavit of service, the sworn proof SCRCP 4(g) requires
  • Skip tracing available for $55 if the address turns out to be bad

What You Get Back

  • Photos from each attempt
  • The date, time and place of every visit
  • A full report of the attempts if service is not made
Get a Free Quote Online →Online intake is open around the clock.

All 46 South Carolina Counties

From Greenville and Spartanburg to Richland, Charleston and Beaufort, find your county on the map or in the list to start a quote.

Select a countyHover, tap or search to find a county.
A
B
C
D
E
F
G
H
J
K
L
M
N
O
P
R
S
U
W
Y

South Carolina Service of Process: Questions

Each answer cites the South Carolina rule or Code section it rests on. General information, not legal advice.

When does filing commence a South Carolina action, and what are the 120 days?

Filing commences the action only if service follows in time. Served within the statute of limitations, it dates from filing; if not, actual service has to happen no later than 120 days after filing (SCRCP 3(a); S.C. Code § 15-3-20(B)). The defendant then has 30 days from service to answer, unless the court directs otherwise when service is made under Rule 4(e) (Rule 12(a)). Insufficient process and insufficient service are Rule 12(b) defenses; Rule 12(h)(1) treats them as waived if left out of a Rule 12 motion in the circumstances Rule 12(g) describes, or if neither made by motion nor included in a responsive pleading or an amendment Rule 15(a) allows as a matter of course. When a limitation period is near, ask counsel.

Copy Link
Does a South Carolina process server need a court order?

Not for a summons: Rule 4(c) lets any person 18 or older who is not a party or an attorney in the action serve it, and Rule 45(b)(1) lets any non-party 18 or older serve a subpoena. Other process is different: it goes to the sheriff, a deputy, another law enforcement officer or a person the court designates, though orders not needed for jurisdiction need not go through the sheriff unless the court orders it. If your papers need a designation, we tell you at intake and give you the steps.

Copy Link
Does abode service under Rule 4(d)(1) reach a household member?

Yes. Rule 4(d)(1) allows leaving copies at the dwelling house or usual place of abode with a person of suitable age and discretion then residing there. Form SCCA 402 records that delivery with the person’s relationship to the party and a statement that they are a person of discretion residing at the residence of the party served. When a subpoena is served on an individual under Rule 4(d)(1) and the individual did not receive or acknowledge it, Rule 45(e) counts that as an adequate excuse for not obeying.

Copy Link
Can a summons be served by restricted-delivery mail under Rule 4(d)(8)?

Yes, on an individual other than a minor under 14 or an incompetent person, and on a corporation, partnership or association: by registered or certified mail, return receipt requested and restricted to the addressee, effective on the delivery date on the receipt (Rule 4(d)(8)). A default needs a receipt showing the defendant accepted it, and the default is set aside if the defendant shows the court an unauthorized person signed the receipt; refused or returned mail means serving another way. The proof states where and when it was mailed and attaches the receipt or envelope (Rule 4(g)). A qualifying commercial carrier may be used under Rule 4(d)(9), proved instead by the sender’s affidavit identifying the papers, with the carrier’s delivery record (date, time, place, name and signature of the person served) attached (Rule 4(g)).

Copy Link
Does § 15-9-17 let a process server work on Sunday?

Yes. S.C. Code § 15-9-17 lets a process server serve a summons, complaint or other judicial documents on Sunday, except on a person going to, coming from or attending a scheduled church or other religious service.

Copy Link
What must a Rule 4(g) affidavit and form SCCA 402 show?

Rule 4(g) has a server other than the sheriff or a deputy make an affidavit giving the date, time and place of service and the name and address of the person served, or a description when the name is unknown. Court Administration form SCCA 402 is an Affidavit of Service sworn before an officer, in which the server states they are not a party, are at least 18 and have no interest in the case; it also carries a non-service box for process returned unexecuted after diligent efforts. A missing proof does not undo the service, and the court can allow an amendment (Rule 4(g), (i)).

Copy Link
How is a South Carolina company served once its agent is gone?

For a corporation with no registered agent, or one that cannot be served with reasonable diligence, an affidavit supports an order for registered or certified mail to the corporate secretary at the principal office; the summons states the date it was mailed and the date service is effective (S.C. Code § 15-9-210(c)). For an LLC, the Secretary of State becomes its agent: duplicate copies are left with the Secretary of State or a clerk in its limited liability company department, and one is forwarded to the company by registered or certified mail (§ 33-44-111(b)–(c)). An out-of-state corporation doing business here without authority is treated as having named the Secretary of State for any action arising out of or in connection with that business (§ 15-9-245(a)). When a paper is served on a person designated by statute to accept service, Rule 6(e) adds five days to a period that runs from that service.

Copy Link
How is an out-of-state subpoena served on a South Carolina witness?

Under South Carolina’s Uniform Interstate Depositions and Discovery Act, a party submits the subpoena from the other state to the clerk of court of the county where discovery will happen; the clerk issues a South Carolina subpoena carrying the same terms and the names, addresses and phone numbers of all counsel of record and of any party not represented by counsel (S.C. Code § 15-47-120). It is served under South Carolina’s subpoena rules, and motions about it go to the court in that county (§§ 15-47-130, -150). Rule 28(d) also lets a South Carolina attorney or the clerk issue the subpoena once a certified copy of the out-of-state mandate, writ or commission, or of a notice or written agreement filed in that court, is filed with the clerk of court and the filing fee paid; and the witness can be compelled to attend a deposition only in the county where they live, work or do business in person (Rule 28(d)(2)).

Copy Link
What must an affidavit show before § 15-9-710 publication is ordered?

It must show that the defendant cannot be found in the State after due diligence, and in like manner that a cause of action exists against the defendant or that the defendant is a proper party to an action relating to real property in South Carolina. The court, the clerk of common pleas, the master or the probate judge of the county where the case is pending may then order publication in a case S.C. Code § 15-9-710 lists, among them a resident who after a diligent search cannot be found, or who has left the State or keeps concealed to defraud creditors or avoid service. The order names one newspaper, runs at least once a week for three weeks, and has a copy of the summons mailed to the residence when it is known or can be found with reasonable diligence; the complaint is filed first, and the summons as published states the time and place of filing (§ 15-9-740). The printer or publisher proves publication by affidavit, and the party or the party’s attorney makes an affidavit of any mailing the law permits or requires (Rule 4(g)).

Copy Link
How is a defendant in another country served?

Rule 4.1(a) covers an individual other than a minor or an incompetent person. It allows any internationally agreed means such as the Hague Service Convention; where there is none, or an international agreement allows but does not specify other means, the foreign country’s own method, a letter rogatory, delivery in hand or clerk-sent mail needing a signed receipt (unless that country’s law forbids it); or other means not prohibited by international agreement, as the court orders. A company abroad may be served the same ways except in-hand delivery. Service by the non-treaty routes is proved by a receipt signed by the addressee or other evidence satisfying the court that the papers were delivered.

Copy Link

Have Someone to Serve in South Carolina?

Upload the signed summons and complaint with the address. You see a written quote before any work begins.