South Carolina Service of Process Rules
South Carolina
State Serve Rules
Affidavit
Notary
Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve individual + care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Yes, state requires service directly on the incarcerated person (sheriff only)
Service to a minor
Individual/Guardian. Between 14-18, parent also, residing with parent.
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
Yes, may serve a designated employee
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
14
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Subserve to a co-resident permissible
Substitute serve by posting (Nail & Mail)
Permissible (certified mail)
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - Servers
Attempts must be separated by at least 48 hours each, and occur at times separated by at least 8 hours.
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
3
Posting Rules
Due Diligence Prior to Posting
Required (2 attempts)
Posting
Permissible
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Yes
Mail always?
Yes
Mail SLA
5
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** Service of summons may be made by the sheriff, his deputy, or by any other person not less than 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 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.
**Personal Service, Individuals.** … By delivering a copy of the summons and complaint to him personally.
**Substituted.** 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.
**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: 1) Minors and 2) Incompetents.
**Corporations.** …by delivering a copy of the summons and complaint to an officer, a managing general agent, or to any other agent authorized by law to receive service of process and if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant.
**Return of Service.** The person serving the process shall make proof of service thereof promptly and deliver it to the officer or person who issued same. If served by the sheriff or his deputy, he shall make proof of service by his certificate. If served by any other person, he shall make affidavit thereof. … Failure to make proof of service does not affect the validity of the service. The proof of service shall state the date, time and place of such service and, if known, the name and address of the person actually served at the address of such person, and if not known, then the date, time and place of service and a description of the person actually served.
