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South Carolina Service of Process for Divorce
Process servers in South Carolina are not licensed. The sheriff or his deputy or any other duly constituted law enforcement officer, or any person designated by the court who is not less than 18 years of age and not an attorney in, or a party to, the action may serve divorce papers.
The summons is signed by the plaintiff or his or her attorney, and names the court, the case number, the parties, the name and address of the plaintiff’s attorney, if any, or the plaintiff’s address, and the time required for the defendant to appear and defend, and notification that his or her failure to do so means a default judgment against him or her for the relief demanded in the complaint.
In a divorce, personal service is accomplished by delivering a copy of the summons and complaint to the defendant personally or by leaving copies at his or her dwelling house or usual place of abode with some person of suitable age and discretion who lives there, or by delivering a copy to an agent authorized by appointment or by law to receive service of process.
The person serving the process makes proof of service. If the sheriff or his deputy serves process, a certificate shall make proof of service. If served by any other person, that person shall make an affidavit, and if served by publication, the printer or publisher shall make an affidavit, and if mailing of process is permitted or required by law, the party or his attorney shall make an affidavit of mailing.
Service of a summons and complaint upon a defendant may be made by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is effective upon the date of delivery as shown on the return receipt. Mail service 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.
No other proof of service shall be required when acceptance of service is acknowledged in writing and signed by the person served or his attorney, and delivered to the person making service. The acknowledgement shall state the place and date service is accepted.
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