A South Carolina Summons is a legal document issued by a court that orders a person to appear in court. It can be issued for a variety of reasons, including failure to appear in court, failure to pay a debt, criminal proceedings, and civil proceedings. There are two main types of South Carolina Summons: a Summons for Service, which requires a person to appear in court, and a Summons with Notice, which requires a person to appear in court and provide notice to the other party involved in the case. In either case, it is important to respond to the Summons in a timely manner or risk a court order being issued against you.
South Carolina Summons
State:
South Carolina
Control #:
SC-SKU-0441
Format:
PDF
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Summons
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FAQ
At any time in its discretion and upon terms as it deems just, the court may, by written order, allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
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 would like to file a new legal action, then you must file a Summons and Complaint. A Summons and Complaint are legal documents that start a legal action. A Summons lets the individual know that he/she needs to answer the Complaint. A Complaint explains what happened or why the person is suing.
You have 30 days to file an Answer to your debt lawsuit in South Carolina. South Carolina courts do not charge a filing fee. Use the SoloSuit Answer form to draft and file your response in minutes. In your Answer document, respond to each claim against you and assert your affirmative defenses.
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.
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.