[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Opposing Party's Attorney's Name] [Opposing Party's Attorney's Address] [City, State, ZIP Code] Re: Motion to Extend Time for Service of Process Case: [Case Name/Number] Court: [Name of the Court and Jurisdiction] Dear [Opposing Party's Attorney's Name], I hope this letter finds you well. I am writing to inform you that we intend to file a Motion to Extend Time for Service of Process in the aforementioned case. Kindly consider this letter as a notice of our intention to seek an extension and a request for your cooperation in this matter. [If applicable] As you may already be aware, South Carolina law requires the service of process to be completed within a certain timeframe after the initiation of the legal action. Unfortunately, due to factors beyond our control, we have been unable to effectuate proper service of process within the specified time limit. The circumstances of this case have presented considerable challenges in locating and serving the opposing party. Through our diligent efforts, we have exhausted all reasonable means of service, including attempting personal service, utilizing professional process servers, and even employing skip-tracing techniques. Despite our best efforts, we have been unable to locate the opposing party. Therefore, we kindly request an extension of the time for service of process to ensure that the opposing party is properly served and provided with adequate notice of the pending legal action. Granting this extension will serve the interests of justice and ensure that all parties have a fair opportunity to present their respective cases. We kindly request that you indicate your consent to our motion for extension of time by signing and returning a copy of this letter within [a reasonable timeframe, e.g., 10 business days]. Your cooperation in this matter will be greatly appreciated. [If applicable] Additionally, we would welcome any suggestions or alternative means to facilitate the service process. If you are aware of any information or have any leads that may assist us in locating the opposing party, we kindly request you to share them with us. Please do not hesitate to contact me at [Your Phone Number] or [Your Email Address] should you have any questions, concerns, or if you wish to discuss this matter further. Thank you for your attention to this request. We look forward to your prompt response. Yours sincerely, [Your Name] [Your Title/Position] (if applicable) [Your Law Firm/Organization Name] (if applicable)
South Carolina Sample Letter for Motion to Extend Time for Service of Process
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How to fill out South Carolina Sample Letter For Motion To Extend Time For Service Of Process?
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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.
(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.
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 ...
A person who is convicted of or pleads guilty to criminal contempt is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both. HISTORY: 2014 Act No. 121 (S. 22), Pt IV, Section 6.
Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy, any designated documents, or electronically stored information (including writings, drawings, graphs, charts, photographs, phonorecords, and other data ...
Your request via email and/or letter will need to include the original filing dates, new proposed filing dates, the number of previous requests (if any), and whether the other party consents to the extension. Email a copy of the letter you file to the other party (usually it's an attorney).
Process. (a) Summons ? Issuance; who may serve. ? Upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days.
