South Carolina · Magistrate Court ejectment
Eviction Papers in South Carolina: Rules to Vacate
In South Carolina, an eviction is an ejectment action in Magistrate Court that begins with a rule to vacate. DFS serves the rule where the issuing court accepts a private server; writs of ejectment belong to the constable or deputy sheriff.
What DFS can do
Rule to vacate service for South Carolina ejectment cases where the magistrate court allows it, documented attempt by attempt.
- Confirm who may serveDFS first checks whether the issuing magistrate court accepts a private server.
- Attempts that fit the statuteTwo or more attempts spaced at least 48 hours apart, at times at least 8 hours apart.
- Attempt affidavitThe dates and times of each attempt are documented by affidavit, as § 27-37-30(C) requires.
- Personal or abode deliveryService on the tenant or a resident of suitable age and discretion.
- Posting after failed attemptsPosting on the premises where the statute and the court permit; the mailing step happens before the clerk.
How South Carolina ejectment begins
A landlord applies to the magistrate, who issues a rule requiring the tenant to vacate or show cause within ten days after service why they should not be ejected (S.C. Code § 27-37-20). Under § 27-37-30(A), the rule may be served in the same manner as a summons.
If two attempts under that method fail, made at least 48 hours apart and at times of day at least 8 hours apart, the rule may be posted on the most conspicuous part of the premises and mailed, with the mailing done in the presence of the magistrates court clerk (§ 27-37-30(C)).
A landlord's sequence
- Obtain the rule to vacateThe magistrate issues the rule after the landlord's application.
- Confirm the serverDFS checks the court's practice; some counties send the rule through the sheriff or constable.
- Serve and documentAttempts are made, filmed and logged with GPS time stamps.
- Return the affidavitDFS returns the signed affidavit for the court file.
Ejectment limits
Local magistrate practice on who serves the rule varies by county.
- Some magistrate courts route the rule to vacate to the sheriff or constable instead of private servers.
- Posting alone is not service unless the statute's conditions are met first.
- Confirm notice and lease requirements with counsel.
What DFS cannot do
A writ of ejectment is executed only by a constable or deputy sheriff (S.C. Code § 27-37-160). DFS does not remove occupants, change locks or handle claim and delivery papers, which the constable serves.
Questions about ejectment & rules to vacate
What is a rule to vacate?
It is the magistrate's order requiring a tenant to leave or request a hearing within ten days after service.
Can a landlord serve the rule personally?
Rule 4(c) bars a party from serving. Landlords generally use the sheriff, the magistrate's constable or a qualified private server the court accepts.
Can DFS post the rule on the door right away?
Not for occupied premises. Posting comes after two failed attempts that meet the statute's timing, or when premises have been abandoned for at least fifteen days.
South Carolina guides
Longer answers from the DFS Guides & FAQ.
Related pages
More on process serving in South Carolina.
Reviewed October 2026 by Delator Field Services. General information about South Carolina practice, not legal advice.
Papers to serve in South Carolina?
Send the documents and the recipient’s last known address through the request form. DFS confirms the county, service level and price in writing before the first attempt.
Questions first? Call or text (629) 310-8667 or email contact@delatorgroup.com.