Overview
Process Server in South Carolina: How Service of Process Works
In South Carolina, a summons may be served by the sheriff or a deputy, or by any person at least 18 who is neither a party nor an attorney in the case. Note the attorney exclusion: the lawyers handling the case can't serve the summons themselves. Papers can be left at the defendant's home with a person of suitable age and discretion, and the plaintiff can also serve by restricted-delivery certified mail or by a designated commercial delivery service. Other court papers, apart from subpoenas, are served by law enforcement or a court-designated person.
Who serves process
Who Can Serve Legal Documents in South Carolina
Under SCRCP 4(c), a summons may be served by the sheriff, a deputy, or any other person at least 18 who is not an attorney in or a party to the action. South Carolina doesn't license process servers.
Process other than a summons, except subpoenas, must be served by the sheriff, a deputy, another law enforcement officer, or a person designated by the court who is at least 18 and not an attorney or party. The South Carolina Attorney General has advised that magistrates may refuse a qualified server only for good cause.
Typical documents include summonses and complaints, magistrate court papers, eviction (ejectment) papers, family court papers and subpoenas.
Proof you receive: a sworn affidavit of service
A private server signs an affidavit of service stating how, when and where service was made. For mail or delivery service, the signed return receipt or delivery record is filed with the affidavit.
Private process service statewide
Personal and abode service in all 46 counties, with affidavits that meet SCRCP 4.
Certified mail and delivery service
Restricted-delivery certified mail or designated delivery service when that's the faster, cheaper route.
Charleston, Columbia, Greenville and statewide
Fast service in Charleston, Richland, Greenville, Horry and every South Carolina county.
The rules
South Carolina Service of Process Rules
The South Carolina rules that matter most for service:
| Rule | What it covers |
|---|---|
| SCRCP 4(c) | Who may serve: any adult who is not a party or attorney in the case |
| SCRCP 4(d)(1) | Personal and abode service on individuals |
| SCRCP 4(d)(8) | Service by restricted-delivery certified mail |
| SCRCP 4(d)(9) | Service by commercial delivery service |
| SCRCP 3(a) | Action commenced on filing if served within 120 days |
| SCRCP 12(a) | 30 days to answer |
Treaties
South Carolina and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. South Carolina has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on South Carolina's law and on what your court allows.
South Carolina is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
