South Carolina Acceptance of Service

State:
South Carolina
Control #:
SC-SKU-1229
Format:
PDF
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Acceptance of Service

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FAQ

Bringing the papers to you at your home or by you receiving the papers in a certified letter. This process is known as service. Before legal action can be taken against you, the person bringing the lawsuit must show that they have ?served? you with the legal papers filed against you.

You must serve a copy of the Answer on the people who sued you, or their lawyer if they are represented, no later than 30 days after you receive the Summons and Complaint. You must file the original with the Clerk of Court's office where the Complaint was originally filed.

In South Carolina, a defendant must serve an answer within 30 days of being served with the complaint (S.C. R. Civ.

Service of a summons and complaint may be made by the plaintiff or by any person authorized to serve with South Carolina Process Service by registered or certified mail, return receipt requested, and delivery restricted to the addressee.

(B) A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing.

FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.

(d)(8) Service by Certified Mail. 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.

More info

A. GO: You and the other party can go to the filing counter at the courthouse where you filed the court papers. • In person: o Meet the other party at a Clerk of Superior Court location or at a Notary.File this form in the office where legal pleadings are filed. After you and your spouse complete the Acceptance of Service form, make an additional copy and take it the Clerk of Court's office for filing. (1) Admission or Acknowledgment or Waiver of Service. After you complete and return this form, you must then respond to the complaint within 30 more days. Your spouse can be served anywhere – at home, at work, etc. Please look through the entire packet before completing any forms. Use these forms to start or responde to a divorce or legal separation case. JDF 1414(a) R3-18 WAIVER AND ACCEPTANCE OF SERVICE.

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South Carolina Acceptance of Service