South Carolina · Starting a civil case

Serving a Summons and Complaint in South Carolina

DFS serves the summons and complaint that open South Carolina civil cases in the Court of Common Pleas and Magistrate Court, and returns a signed affidavit that meets SCRCP Rule 4(g).

What DFS provides

Service of the summons and complaint for South Carolina civil actions, with a Rule 4(g) affidavit for the clerk.

  • Personal deliveryPapers handed to the defendant after identity is confirmed.
  • Abode serviceLeaving copies at the defendant's home with a resident of suitable age and discretion.
  • Business defendantsDelivery to a registered agent, officer or managing agent.
  • Multiple defendantsSeveral defendants and counties handled under one written quote.
  • Rule 4(g) affidavitStates date, time and place of service and the name and address of the person served.

The serve that starts the clock

In South Carolina, a civil action is generally commenced on filing only if the defendant is served within the statute of limitations or actual service follows within 120 days after filing (SCRCP Rule 3(a); S.C. Code § 15-3-20). Once served, the defendant generally has 30 days to answer under Rule 12(a).

SCRCP Rule 4(c) allows service of a summons by the sheriff, a deputy, or any other person at least 18 years old who is not an attorney in or a party to the action.

From filing to proof

  1. File firstSend the filed summons and complaint with the clerk's stamp or case number.
  2. Provide addressesList every home and work address you have for each defendant.
  3. Approve the quoteCounty, level and price are confirmed in writing before any attempt.
  4. File the affidavitDFS returns the signed affidavit for filing; clerk filing can be arranged on request where accepted.

Service methods outside DFS's role

Some South Carolina methods are handled by the party, counsel or the court rather than a field server.

  • Certified mail service under Rule 4(d)(8) is restricted to the addressee and handled by the party or counsel.
  • Publication requires a court order under S.C. Code § 15-9-710.
  • Defendants who are minors under 14 or incompetent are served under Rule 4(d)(2), which has its own requirements.

Questions about summons & complaint

Can my paralegal serve the summons?

Rule 4(c) bars an attorney in the action or a party from serving, and sets a minimum age of 18. Whether staff should serve is a judgment for the firm; many prefer an independent server for the record.

What happens if service misses the 120-day mark?

The filing date may not hold for statute of limitations purposes. Counsel should review Rule 3(a) and § 15-3-20 for the specific case.

Does DFS serve Magistrate Court summonses?

Yes, where the issuing magistrate court accepts service by a qualified private server. DFS confirms that with the court before the first attempt.

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.