The South Carolina Affidavit of Service (For Summons and Complaint) is a document used by a person who has been served with a summons and complaint to confirm that they have been served. This document is a sworn statement that the person served received the summons and complaint and is therefore informed of the legal action in progress. There are two types of South Carolina Affidavit of Service (For Summons and Complaint): an Affidavit of Service by Certified Mail, and an Affidavit of Service by Personal Service. An Affidavit of Service by Certified Mail is used when the summons and complaint is sent by mail. This affidavit confirms that the documents were sent to the person's address, that the documents were received, and that the contents of the documents were understood. The person signing the affidavit must also provide proof of delivery, such as a receipt or a record of the tracking number. An Affidavit of Service by Personal Service is used when the summons and complaint is served in person. This affidavit confirms that the documents were delivered to the person, that the person received the documents, and that the contents of the documents were understood. The person signing the affidavit must also provide proof of delivery, such as a signature from the person served.
South Carolina Affidavit of Service (For Summons and Complaint)
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FAQ
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.
Any party providing a proposed order, proposed findings of fact or conclusions of law, or proposed judgment or other paper to the court for its consideration in any pending matter shall serve the same on all counsel of record at the same time and by the same means.
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.
To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.
A defendant shall serve his answer within 30 days after the service of the complaint upon him, unless the Court directs otherwise when service of process is made pursuant to Rule 4(e), and provided further that the State of South Carolina shall answer or otherwise respond to an application for post-conviction relief
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.
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.