South Carolina Summons is a legal document issued by a court or other judicial body that commands a person to appear in court. It is typically issued in civil or criminal proceedings and is a formal notice to appear in court. South Carolina Summons can come in two forms: a Summons to Appear or a Summons and Complaint. A Summons to Appear is a notice from a court that a person is being sued and must appear in court to respond to the complaint. It may include a statement of the charges, the time and place for the appearance, and the consequences of failing to appear. A Summons and Complaint is a summons that also includes a written complaint that outlines the claims of the plaintiff and the relief they are seeking. This type of summons will typically include a summons to appear as well as a copy of the complaint. Both types of South Carolina Summons are served in person or by mail, and the court will provide proof of service. Once served, the person must appear in court as instructed or face legal action.
South Carolina Summons
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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.
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.
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.