South Carolina Notice - served with Complaint and Summons
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FAQ
A plaintiff must inform defendants about a complaint filed against them. This is called service of process. Generally, a lawsuit must be filed in the jurisdiction where the defendant resides or where the claim arose.
But, now that you filed the lawsuit, you have to let the defendant know formally that you are suing. This is called "service". You have to have all papers "served" on every party in the whole lawsuit. To start your case, you have to have the defendant served with a Summons, Complaint and Civil Lawsuit Notice.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
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.
Alternative dispute resolution (ADR): Methods of resolving disputes out of court, including mediation and arbitration. answer: a defendant's response to a plaintiff's initial court filing (called a complaint or petition).
Typically, a defendant will respond to a complaint one of two ways: by filing a motion to dismiss or an answer, sometimes including affirmative defenses, counter-claims, cross-claims and/or third party claims as part of the answer.
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.
The plaintiff has failed to obtain service of process on the defendant within one hundred twenty (120) days of filing her Complaint, as is required by the South Carolina Rules of Civil Procedure.