South Carolina Process Serving

For those people that might be interested:

https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=4.0&subRuleID=&ruleType=CIV

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CivilC.htm


To summarize it for those that do not want to read what's below. They have to serve the individual or anyone over the age of 14 who lives in the residence. If they cannot serve you personally, they can try to serve you through certified mail and if that does not work, they can serve you through a commercial delivery service. The last resort is service by publication where they publish the information in a local newspaper.

Most of these rules are the same throughout the United States. In my home state, if a person could not serve you and prove that they served you then they could not obtain a monetary judgement over you.

This is the part that we should pay attention to "Subject to the provisions of any statute, rule, or order, a magistrate may dismiss a summons and complaint against any or all defendants without prejudice to the plaintiff if service of process cannot be obtained within 120 days of the filing of the complaint."

RULE 4
PROCESS

(a) Summons: Issuance. The summons shall be issued by plaintiff or plaintiff's attorney. Copies of the original summons shall be served upon each defendant.

(b) Same: Form. The summons shall be signed by the plaintiff or his attorney, contain the name of the State and county, the name of the court, the file number of the action, and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend, and shall notify him that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint.

(c) By Whom Served. 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. Service of all other 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 not an attorney in or a party to the action, except that a subpoena may be served as provided in Rule 45.

(d) Summons: Personal Service. The summons and complaint must be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Voluntary appearance by defendant is equivalent to personal service; and written notice of appearance by a party or his attorney shall be effective upon mailing, or may be served as provided in this rule. Service shall be made as follows:

(d)(1) Individuals. Upon an individual other than a minor under the age of 14 years or an incompetent person, by delivering a copy of the summons and complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy to an agent authorized by appointment or by law to receive service of process.

d)(8) Service by Certified Mail. Service of a summons and complaint upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule may be made by the plaintiff or by any person authorized to serve process pursuant to Rule 4(c), including a sheriff or his deputy, by registered or certified mail, return receipt requested and delivery restricted to the addressee. Service is effective upon the date of delivery as shown on the return receipt. Service pursuant to this paragraph shall not be the basis for the entry of a default or a judgment by default unless the record contains a return receipt showing the acceptance by the defendant. Any such default or judgment by default shall be set aside pursuant to Rule 55(c) or Rule 60(b) if the defendant demonstrates to the court that the return receipt was signed by an unauthorized person. If delivery of the process is refused or is returned undelivered, service shall be made as otherwise provided by these rules.

(d)(9) Service by Commercial Delivery Service. Service of a summons and complaint upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule may be made by the plaintiff or by any person authorized to serve process pursuant to Rule 4(c) by a commercial delivery service which meets the requirements to be considered a designated delivery service in accordance with 26 U.S.C. § 7502(f)(2). Service is effective upon the date of delivery as shown in the delivery record of the commercial delivery service. Service pursuant to this paragraph shall not be the basis for the entry of a default or a judgment by default unless the record contains a delivery record showing the acceptance by the defendant which includes an original signature or electronic image of the signature of the person served. Any such default or judgment by default shall be set aside pursuant to Rule 55(c) or Rule 60(b) if the defendant demonstrates to the court that the delivery receipt was signed by an unauthorized person. If delivery of the process is refused or is returned undelivered, service shall be made as otherwise provided by these rules.

If service upon the defendant cannot be accomplished by personal service or certified mail, or if no person of discretion may be found at his residence, then service may be made by publication upon the order of the magistrate.  A magistrate may order service by publication on an absent defendant pursuant to § 15-9-710, where that defendant has not been found within the State after a search of due diligence. The fact of the "diligent" search must be alleged in an affidavit. The magistrate must find the existence of a cause of action against the defendant, and that the situation is one of the types enumerated in § 15-9-710. The order of publication of the magistrate should direct the publication to be made in the one newspaper, as designated by the magistrate, most likely to give notice to the person to be served, and to appear once a week for not less three weeks. It seems reasonable that the magistrate should operate in a manner consistent with the terms of § 15-9-740, the general statute concerned with the technical aspects of service by publication and in addition to the publication, require a copy of the summons and complaint be sent to the last known address of the party to be served. Note that proof of service by publication may also be made by affidavit before a notary public that the appropriate notice has been published.

The person serving process shall promptly make proof of service and deliver it to the court. If served by the sheriff, a deputy, or a constable, proof of service shall be made by certificate. If served by any other person, proof of service shall be made by an affidavit of service. If served by publication, the printer or publisher shall make an affidavit of publication, and an affidavit of mailing shall be made to the party or the party's attorney if mailing of process is permitted or required by law.

Subject to the provisions of any statute, rule, or order, a magistrate may dismiss a summons and complaint against any or all defendants without prejudice to the plaintiff if service of process cannot be obtained within 120 days of the filing of the complaint.