South Carolina State Process Server

$149 Routine - $199 Rush

In South Carolina, process serving is governed by Rule 4 of the South Carolina Rules of Civil Procedure (SCRCP). Below is an overview of the key rules for serving process in the state:

Who Can Serve Process

• Any person not a party to the case and at least 18 years of age may serve the process.
• Alternatively, the sheriff or deputy sheriff of the county where the service is to be made may perform service.

Methods of Service

1. Personal Service
   • Delivering the summons and complaint directly to the defendant.
   • If the defendant is a person, service must be delivered to the individual directly.
2. Substituted Service
   • If personal service is not possible, the summons and complaint may be left at the defendant's dwelling house or usual place of abode with someone of suitable age and discretion residing there.
3. Service on a Corporation
   • Delivering to an officer, managing or general agent, or any other agent authorized by appointment or by law to receive service.
   • If the agent is authorized by law, and the law requires it, the service must also be mailed to the defendant.
4. Service by Certified Mail
   • Allowed for individuals or entities in South Carolina.
   • The summons and complaint must be sent via certified mail, return receipt requested, restricted delivery, to the defendant.
5. Service on Minors or Incompetents
   • For minors: Service is made to a parent, guardian, or person with custody or control.
   • For those adjudicated incompetent: Service is made on the guardian or committee of the individual.
6. Service by Publication
   • Permitted when the defendant cannot be located after diligent effort.
   • Requires court approval and publication in a newspaper once a week for three consecutive weeks.

Timing of Service

• The summons and complaint must be served within 120 days of filing the complaint. Failure to do so may result in dismissal unless good cause is shown for the delay.

Proof of Service

• Proof of service must be filed with the court.
  • If served by a process server, a certificate or affidavit of service is required.
  • If served by certified mail, the signed return receipt must be filed.

Special Rules

• For cases involving state agencies or officials, service must be made to the Attorney General or relevant agency head.

For cases involving out-of-state defendants, South Carolina allows service under its long-arm statute.