Who may serve a summons and complaint in South Carolina?

The sheriff or a deputy, or any other person at least 18 years old who is not an attorney in the action and not a party, under SCRCP Rule 4(c). South Carolina has no statewide license, registration, or certification requirement for private process servers.

Can a party serve their own summons in South Carolina?

No. SCRCP Rule 4(c) excludes both a party to the action and an attorney in the action from serving the summons. Service must come from the sheriff, a deputy, or a non-party, non-attorney adult at least 18 years old.

Is ordinary mail enough to serve a South Carolina summons?

No. Ordinary first-class mail alone does not serve a summons in South Carolina. Mail service must be by registered or certified mail, return receipt requested, with delivery restricted to the addressee, and service is effective on the date of delivery shown on the return receipt (SCRCP Rule 4(d)(8)).

Does South Carolina have an official proof of service form?

Yes, SCCA 402 CP, Affidavit of Service, for the Court of Common Pleas, along with a family court version, SCCA 402 F, and a mailing-specific form, SCCA 400-25SRL-CSM. None of these are mandated by SCRCP Rule 4(g), which only requires a certificate or an affidavit stating certain facts, so a court may require its own version, and that court's form then controls.

Does a South Carolina proof of service need to be notarized?

Yes, for a private server. SCRCP Rule 4(g) requires any server who is not the sheriff or a deputy to make affidavit of service, and neither Rule 4(g) nor the official SCCA 402 CP form, which requires a notary, offers an unsworn declaration-under-penalty-of-perjury alternative. A sheriff or deputy instead proves service by certificate, which needs no oath or notarization.

How long do I have to serve a summons in South Carolina?

The summons and complaint must be filed with the court before service. Under SCRCP Rule 3(a), the action is timely commenced on filing if the defendant is served within the statute of limitations; if not, actual service must be completed within 120 days after filing. The deadline is tied to the statute of limitations rather than to automatic case dismissal.

Is there a deadline to file the proof of service in South Carolina?

Yes. SCRCP Rule 5(d) requires proof of service of the summons and complaint to be filed within 10 days after service. Failure to make proof of service does not by itself affect the validity of the service.

How do I serve later papers like motions in a South Carolina case?

Once a party is represented, later papers generally go to the attorney of record: by delivering a copy to the attorney or party, leaving it at the office with a clerk or person in charge, leaving it in a conspicuous place if no one is in charge, if the office is closed or there is no office, leaving it at the person's dwelling with someone of suitable age and discretion, or mailing it to the last known address. Mail service of these later papers is complete upon mailing, and SCRCP Rule 5 does not set a certificate-of-service filing requirement for them.

What happens if service of a South Carolina summons is defective?

Defective service can leave the court without jurisdiction over the defendant, which can void a default judgment later. Follow SCRCP Rule 4's manner, timing, and proof requirements exactly, and never sign an affidavit of service that misstates how or when service occurred, since it is sworn before a notary.

Does this South Carolina proof of service cover federal court, service abroad, or a government defendant?

No. Service in federal court under the Federal Rules of Civil Procedure, service outside the United States, and service on a government entity follow separate rules not covered on this page.

South Carolina Proof of Service

South Carolina requires a sworn, notarized affidavit from any server who is not the sheriff or a deputy, bars a party from serving their own summons, and will not support a default judgment on mail service without a return receipt the defendant signed personally.

Find out where you stand in South Carolina

Where are you with service?

DocDraft provides document preparation, not legal advice.

Introduction

South Carolina lets the sheriff or a deputy serve a summons, or any other person at least 18 who is not an attorney or a party, under SCRCP Rule 4(c). A party cannot serve their own summons, and the state has no license or registration requirement for private servers. The official form, SCCA 402 CP, Affidavit of Service, is not mandated by Rule 4(g), so a separate proof stating the same facts may be used, and the issuing court's version controls if required. A private server's proof must be a sworn affidavit under Rule 4(g), and the SCCA 402 CP form requires notarization with no declaration option. A sheriff or deputy instead proves service by certificate, needing no notarization. Personal delivery and leaving copies at the dwelling with a suitable person are permitted methods. Ordinary first-class mail alone does not serve a summons: mail must be registered or certified, return receipt requested, delivery restricted to the addressee, and a default judgment fails without a receipt showing the defendant's own acceptance. If the defendant is not served within the statute of limitations, service must be completed within 120 days after filing (Rule 3(a)), and proof of service must be filed within 10 days after service. Later papers such as motions generally go to the opposing attorney, and Rule 5 sets no certificate-of-service requirement for them; mail of later papers is complete upon mailing, with no receipt required. Federal, foreign, and government service follow separate rules not covered here. Attorney review is available before you file.

Key Things to Know

1
The sheriff or a deputy may serve the summons and complaint, and so may any other person at least 18 years old who is not an attorney in the action and not a party, under SCRCP Rule 4(c); South Carolina has no statewide license or registration requirement for private process servers. The state's official form, SCCA 402 CP, Affidavit of Service (Court of Common Pleas), is not mandated by Rule 4(g), so a separate proof with the required facts may also be used; if the issuing court requires its own version, that court's form controls.
2
A party to the action cannot serve their own summons, and neither can the party's attorney; SCRCP Rule 4(c) excludes both by name. Service must come from the sheriff, a deputy, or a non-party, non-attorney adult at least 18 years old.
3
A server who is not the sheriff or a deputy must prove service by a sworn, notarized affidavit. SCRCP Rule 4(g) uses the word affidavit, and the official SCCA 402 CP form is built around a notary block, with no declaration-under-penalty-of-perjury checkbox offered as an alternative. A sheriff or deputy instead proves service by certificate, which requires no oath or notarization.
4
Ordinary first-class mail alone does not serve a summons. Mail service on an individual or a corporation must be by registered or certified mail, return receipt requested, with delivery restricted to the addressee; service is effective on the date of delivery shown on the return receipt. A default judgment cannot be entered on mail service unless the record contains a return receipt showing the defendant's own acceptance, and a default entered on an unauthorized person's signature must be set aside.
5
A commercial delivery service meeting the federal designated delivery service standard is an alternative to certified mail for the summons, effective on the delivery date shown in the courier's record; a default judgment requires that record to show an original or electronic signature of the person served. Minors under 14 and incompetent persons require dual delivery, to the person plus a guardian, parent, or custodian.
6
The summons and complaint must be filed with the court before service is made. Under SCRCP Rule 3(a), the action is timely commenced on filing if the defendant is served within the statute of limitations; if not, actual service must be completed within 120 days after filing. This is tied to the statute of limitations rather than an automatic-dismissal deadline.
7
Proof of service of the summons and complaint must be filed within 10 days after service under SCRCP Rule 5(d). Later papers such as motions and notices generally go to the opposing attorney, and Rule 5 sets no certificate-of-service filing requirement for them, unlike the summons; service of later papers by mail is complete upon mailing, with no return receipt needed.

Key decisions before you file

Before you file a Proof of Service in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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STATE OF SOUTH CAROLINA COUNTY OF [COUNTY]

[COURT NAME]

[PLAINTIFF NAME], Plaintiff, v. C/A No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

AFFIDAVIT OF SERVICE

South Carolina's official form, SCCA 402 CP, Affidavit of Service (Court of Common Pleas), is not mandated by SCRCP Rule 4(g), which requires only a certificate from the sheriff or an affidavit from any other server. If the issuing court requires its own version of the form, that court's form controls.

OFFICER'S CERTIFICATE

[IF APPLICABLE: I, [NAME OF SHERIFF OR DEPUTY], certify that I served a copy of the Summons and Complaint, together with [LIST OF ADDITIONAL PAPERS SERVED, IF ANY], on [NAME OF PERSON SERVED] by [PERSONAL DELIVERY OR LEAVING COPIES AT THE DWELLING HOUSE OR USUAL PLACE OF ABODE WITH A PERSON OF SUITABLE AGE AND DISCRETION THEN RESIDING THEREIN] on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR OTHER PLACE OF SERVICE]. This certificate requires no notarization, as SCRCP Rule 4(g) provides.]

SERVER'S AFFIDAVIT

[IF APPLICABLE: PERSONALLY APPEARED BEFORE ME the undersigned, [NAME OF SERVER], who being duly sworn says:

I am at least eighteen years old, am not an attorney in this action, and am not a party to this action, as SCRCP Rule 4(c) requires.

I served a copy of the Summons and Complaint, together with [LIST OF ADDITIONAL PAPERS SERVED, IF ANY], on [NAME OF PERSON SERVED, OR A DESCRIPTION OF THE PERSON SERVED IF THE NAME IS NOT KNOWN] by [PERSONAL DELIVERY, OR LEAVING COPIES AT THE DEFENDANT'S DWELLING HOUSE OR USUAL PLACE OF ABODE WITH A PERSON OF SUITABLE AGE AND DISCRETION THEN RESIDING THEREIN, OR DELIVERY TO AN AGENT AUTHORIZED BY APPOINTMENT OR LAW, OR DELIVERY TO AN OFFICER, MANAGING OR GENERAL AGENT, OR OTHER AUTHORIZED AGENT OF THE DEFENDANT CORPORATION] on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR OTHER PLACE OF SERVICE].

[IF APPLICABLE: Service was made by registered or certified mail, return receipt requested, delivery restricted to the addressee, mailed on [DATE OF MAILING] from [PLACE OF MAILING]. The return receipt showing acceptance by [NAME OF DEFENDANT] is attached to this affidavit.]

[IF APPLICABLE: Service was made by commercial delivery service, [NAME OF DELIVERY SERVICE], sent on [DATE OF MAILING] from [PLACE OF MAILING]. The courier's delivery record showing the date, time, and place of delivery and the signature of [NAME OF PERSON SERVED] is attached to this affidavit.]

[SIGNATURE OF SERVER] [NAME OF SERVER] [ADDRESS OF SERVER] [CITY, SOUTH CAROLINA ZIP]

Sworn to and subscribed before me this [DAY] day of [MONTH], [YEAR].

[SIGNATURE OF NOTARY PUBLIC] Notary Public for South Carolina My Commission Expires: [DATE]]

CERTIFICATE OF SERVICE OF LATER PAPERS

[IF APPLICABLE: I certify that on [DATE], I served a copy of [NAME OF DOCUMENT] on [NAME OF PARTY OR ATTORNEY OF RECORD] by [DELIVERING A COPY TO THE ATTORNEY OR PARTY, OR LEAVING A COPY AT THE OFFICE WITH A CLERK OR PERSON IN CHARGE, OR LEAVING A COPY IN A CONSPICUOUS PLACE IN THE OFFICE IF NO ONE IS IN CHARGE, OR, IF THE OFFICE IS CLOSED OR THERE IS NO OFFICE, LEAVING A COPY AT THE PERSON'S DWELLING WITH SOMEONE OF SUITABLE AGE AND DISCRETION THEN RESIDING THEREIN, OR MAILING A COPY TO THE LAST KNOWN ADDRESS], at [ADDRESS].

[SIGNATURE] [NAME]]

South Carolina Requirements for Proof of Service

Party and Attorney Barred From Serving the Summons
A party to the action and an attorney in the action are both excluded from serving the summons and complaint. Service must come from the sheriff, a deputy, or any other person at least 18 years old who is neither (SCRCP Rule 4(c)).
No Process-Server License Required
Any person at least 18 years old who is not an attorney in the action and not a party may serve a South Carolina summons, with no statewide process-server license, registration, or certification requirement (SCRCP Rule 4(c)).
Notarized Affidavit Required for Private Servers
A server who is not the sheriff or a deputy must prove service by a sworn affidavit under SCRCP Rule 4(g), and the official SCCA 402 CP form requires notarization with no unsworn declaration alternative on the form. A sheriff or deputy instead proves service by certificate, which needs no notarization.
Certified or Registered Mail With Restricted Delivery Required
Mail service of a summons must be by registered or certified mail, return receipt requested, with delivery restricted to the addressee. A default judgment cannot be entered on mail service unless the record contains a return receipt showing the defendant's own acceptance (SCRCP Rule 4(d)(8)).
Commercial Delivery Service Alternative to Certified Mail
A commercial delivery service meeting the federal designated delivery service standard may substitute for certified mail on a summons, effective on the delivery date in the courier's record; a default judgment requires that record to show an original or electronic signature of the person served (SCRCP Rule 4(d)(9)).
120-Day Service Deadline Tied to the Statute of Limitations
The summons and complaint must be filed before service. If the defendant is not served within the statute of limitations, actual service must be completed within 120 days after filing for the action to be treated as timely commenced (SCRCP Rule 3(a)).
10-Day Deadline to File Proof of Service
Proof of service of the summons and complaint must be filed within 10 days after service under SCRCP Rule 5(d). Failure to file proof of service does not by itself affect the validity of the service.
Official Affidavit of Service Form SCCA 402 CP
South Carolina's official form, SCCA 402 CP, Affidavit of Service (Court of Common Pleas), is not mandated by SCRCP Rule 4(g). A separate proof stating the required facts may be used instead, and the issuing court's own version controls if required.
No Certificate-of-Service Requirement for Later Papers
Unlike the 10-day proof-of-service deadline for the summons, SCRCP Rule 5 sets no certificate-of-service filing requirement for later papers such as motions and notices, and mail service of those papers is complete upon mailing with no return receipt needed.

Find out where you stand in South Carolina

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

South Carolina Requirements for Proof of Service

Party and Attorney Barred From Serving the Summons

No Process-Server License Required

Notarized Affidavit Required for Private Servers

Certified or Registered Mail With Restricted Delivery Required

Commercial Delivery Service Alternative to Certified Mail

120-Day Service Deadline Tied to the Statute of Limitations

10-Day Deadline to File Proof of Service

Official Affidavit of Service Form SCCA 402 CP

No Certificate-of-Service Requirement for Later Papers

Frequently Asked Questions