South Carolina Summons and Notice of Hearing is a legal document issued by a court in the state of South Carolina. It notifies a defendant of a pending court case, as well as the date and time of the hearing. The Summons and Notice of Hearing will also include a short description of the nature of the case and the relief that is being sought by the plaintiff. The Summons and Notice of Hearing is typically issued by the court clerk or a judge, who will then serve the defendant with the documents. There are two main types of South Carolina Summons and Notice of Hearing: Post-Complaint Summons and Notice of Hearing and Pre-computing Summons and Notice of Hearing. The Post-Complaint Summons and Notice of Hearing is served after a complaint has been filed in court by the plaintiff, and will list the date, time, and location of the hearing. The Pre-computing Summons and Notice of Hearing is served prior to the filing of a complaint, and will provide the defendant with the opportunity to answer the complaint before it is filed.
South Carolina Summons and Notice of Hearing
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FAQ
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
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.
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.
(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.
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.
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.