South Carolina Summons is a legal document issued by a court of law in South Carolina to notify a defendant that they are being sued. The Summons is typically served by a law enforcement officer or other authorized individual, and it informs the defendant of the pending lawsuit and their obligation to respond to the complaint. There are two types of South Carolina Summons: Regular Summons and Notice to Defendant Summons. A Regular Summons is the most commonly used type of Summons in South Carolina. It informs the defendant of the lawsuit and requires their response to the complaint within 30 days. A Notice to Defendant Summons is sent to the defendant when the plaintiff has obtained a judgment against them and is seeking to have it enforced. It requires the defendant to appear in court and answer the complaint within a certain time frame. Both types of South Carolina Summons provide important legal information and must be taken seriously.
South Carolina Summons
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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.
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. On the return receipt, the date of delivery is shown as the date of service.
If you received a Summons and Complaint it is important that you file an Answer within 30 days of being served. You must also mail a copy to the Plaintiff or their lawyer (if they have one) before you file the answer with the court.
LEGAL ANALYSIS (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. S.C. Code Ann.
The summons and complaint shall be filed before service. Proof of service shall be filed within ten (10) days after service of the summons and complaint. Upon failure to serve the summons and complaint, the action may be dismissed by the court on the court's own initiative or upon application of any party.