South Carolina Affidavit of Service by Mail (Answer)

State:
South Carolina
Control #:
SC-SKU-1236
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PDF
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Description

Affidavit of Service by Mail (Answer)

A South Carolina Affidavit of Service by Mail (Answer) is a legal document used to provide proof of service of a document by mail to another person. The Affidavit may be used to prove service of any type of document, including a summons and complaint, a court order, or a notice of hearing. There are two types of South Carolina Affidavit of Service by Mail (Answer): an Affidavit of Service by Regular Mail and an Affidavit of Service by Certified Mail. The Affidavit of Service by Regular Mail must include the date the document was mailed, the name and address of the person to whom the document was mailed, and a statement that the document was mailed by ordinary first-class mail. The Affidavit of Service by Certified Mail must include the same information as the Regular Mail Affidavit, as well as the date the document was received by the person to whom it was mailed. The Affidavit must also include a statement that the document was mailed by Certified Mail, Return Receipt Requested.

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FAQ

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.

(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.

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.

After the process server serves the papers, he or she must prepare an affidavit that they completed service of process. This affidavit must be notarized. File the affidavit with the Clerk of Court's office where the case is filed.

(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.

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.

More info

An affidavit of service is then filed as proof that the document was provided to the other party. Complete the "Affidavit of Mailing" section on the reverse side of this form and have the person who mailed the forms sign in the appropriate section.This form is filed with the Court after the service is done. This form is called an Affidavit of Service. The original answer with the original affidavit of service must then be timely filed in the County Clerk's Office, Room 118. D. The Motion to Dismiss. The server signs the Proof of Service and returns it to you to file in court. Delivery for your records. 2. You can skip the rest of this article if each respondent will voluntarily fill out and sign an answer or waiver of service. Please use the appropriate affidavit of service form for the mode of service you will use.

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South Carolina Affidavit of Service by Mail (Answer)