South Carolina AO-440 Summons in a Civil Action
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How to fill out AO-440 Summons In A Civil Action?
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FAQ
Find out the steps you need to take to get your civil suit started. Step 1: Make sure you have legal standing. Step 2: Hire a lawyer or prepare to represent your case. Step 3: Determine where to file your lawsuit. Step 4: File and serve your complaint. Step 5: Be patient.
In South Carolina, you may file in small claims court, which is known as Magistrate Court, on your own for anything that is $7,500 or less. If you want to sue for more, you will have to file in regular court and may need the help of a lawyer.
South Carolina has a three-year statute of limitation for civil lawsuits, but there are exceptions to this rule. When determining laws and timing, several factors are considered, such as the victim's age, personal injury, time of injury, and other extenuating circumstances.
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. Keep a copy for yourself.
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.
You are required to file your Answer with the Clerk of Court and send a copy to the Plaintiff. You may serve your Answer by delivering a copy to the Plaintiff or by mailing it to the Plaintiff's last known address.
What are the filing fees? The filing fee for a new case or action is $150.00. The filing fee for any additional written motion is $25.00 each. A motion is a formal request, usually in writing, asking a judge to issue an order or ruling in a lawsuit.
In this article, we'll walk you through the steps you need to take to file your personal injury lawsuit in South Carolina. Step 1: Make sure you have legal standing. ... Step 2: Hire a lawyer or prepare to represent your case. ... Step 3: Determine where to file your lawsuit. ... Step 4: File and serve your complaint.