South Carolina Affidavit of Service

STATE OF SOUTH CAROLINA

COUNTY OF [________________________________]

IN THE [________________________________] COURT

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [________________________________]

AFFIDAVIT OF SERVICE

Proof of Service Pursuant to S.C. R. Civ. P. 4

I. AFFIANT IDENTIFICATION AND QUALIFICATIONS

1. My full legal name is [________________________________].

2. My date of birth is [__/__/____], and I am [____] years of age.

3. My residential address is: [________________________________].

4. My business address is: [________________________________].

5. My telephone number is: [________________________________].

6. My email address is: [________________________________].

7. I am competent to testify and have personal knowledge of all facts stated herein.

8. I am not a party to this action, and I am not an attorney in this action.

9. I am authorized to serve process in South Carolina based on the following (select one):

☐ I am the Sheriff of [________________________________] County, South Carolina, or a duly appointed deputy thereof.
☐ I am a person not less than eighteen (18) years of age who is not an attorney in or a party to this action, authorized to serve process pursuant to SCRCP Rule 4(c).

II. DOCUMENTS SERVED

I served the following documents in this matter (the "Service Documents"):

☐ Summons
☐ Complaint
☐ Amended Summons and Complaint
☐ Rule to Show Cause
☐ Motion: [________________________________]
☐ Petition
☐ Subpoena (Testimony / Documents)
☐ Notice of Hearing dated [__/__/____]
☐ Restraining Order / Order of Protection
☐ Lis Pendens
☐ Other: [________________________________]
☐ Other: [________________________________]

Total number of pages served: [____]

III. PERSON / ENTITY TO BE SERVED

Name: [________________________________]

Capacity (select one):
☐ Individual Defendant
☐ Registered Agent for [________________________________]
☐ Officer or Managing Agent of [________________________________]
☐ Agent Authorized by Appointment to Receive Service
☐ Secretary of State (for entities that have not maintained a registered agent)
☐ Counsel of Record
☐ Other: [________________________________]

IV. SERVICE METHOD, DATE, TIME, AND LOCATION

A. Personal Service — SCRCP Rule 4(d)(1)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Eastern Time), I personally delivered true and correct copies of the Service Documents to [________________________________] at the following location:

Address: [________________________________]
City: [________________________________], South Carolina [____]

The person served:
☐ Verbally confirmed their identity as the person named in the documents.
☐ Was identified by me through prior personal knowledge.
☐ Was identified through: [________________________________].
☐ Refused to identify themselves but matched the physical description provided.

B. Substitute / Abode Service — SCRCP Rule 4(d)(1)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Eastern Time), after exercising due diligence and being unable to personally serve the defendant, I left true and correct copies of the Service Documents at the defendant's dwelling house or usual place of abode with the following person of suitable age and discretion then residing therein:

Name of person served: [________________________________]
Relationship to defendant: [________________________________]
Approximate age of person served: [____]
Address of dwelling: [________________________________]

☐ I informed this person of the general nature of the documents.

C. Service on Agent of Corporation or Entity — SCRCP Rule 4(d)(3); S.C. Code Ann. § 15-9-740

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Eastern Time), I delivered true and correct copies of the Service Documents to [________________________________], who is:

☐ The registered agent for the entity named above.
☐ The president, secretary, treasurer, or other head of the corporation.
☐ A managing or general agent.
☐ An agent authorized by appointment or by law to receive service.
☐ The South Carolina Secretary of State (for entities without a registered agent).

Address of service: [________________________________]

D. Service by Certified Mail, Return Receipt Requested — SCRCP Rule 4(d)(8)

☐ On [__/__/____], I caused to be mailed true and correct copies of the Service Documents by certified mail, return receipt requested, delivery restricted to the addressee, to:

Address: [________________________________]

USPS Tracking Number: [________________________________]
Date Mailed: [__/__/____]
Date of Delivery / Receipt Signed: [__/__/____]
Name of Person Who Signed Receipt: [________________________________]

☐ The signed return receipt (green card) is attached hereto as Exhibit A.
☐ Electronic delivery confirmation is attached hereto as Exhibit A.

Note: Under SCRCP Rule 4(d)(8), service by certified mail shall not be the basis for the entry of a default or judgment by default unless the record contains a return receipt showing acceptance by the defendant.

E. Service by Commercial Delivery Service — SCRCP Rule 4(d)(9)

☐ On [__/__/____], I caused to be delivered true and correct copies of the Service Documents by a qualifying commercial delivery service to:

Address: [________________________________]

Carrier Name: [________________________________]
Tracking Number: [________________________________]
Date Sent: [__/__/____]
Date of Delivery: [__/__/____]
Signature of Person Who Accepted Delivery: [________________________________]

☐ Delivery confirmation / signed receipt is attached as Exhibit A.

F. Acceptance / Acknowledgment of Service

☐ Service was acknowledged in writing by [________________________________], who signed an acknowledgment of service on [__/__/____].

☐ The signed acknowledgment is attached hereto as Exhibit B.

Note: Under SCRCP Rule 4(g), no further proof of service is required when acceptance is acknowledged in writing, signed by the person served or their attorney, and delivered to the person making service.

G. Service by Publication — SCRCP Rule 4(d) and S.C. Code Ann. § 15-9-710

☐ Pursuant to the Order of this Court dated [__/__/____], the Service Documents were published in:

Name of Newspaper: [________________________________]
City/Region of Circulation: [________________________________]

Publication Dates:

1. [__/__/____]
2. [__/__/____]
3. [__/__/____]

☐ Publication was made once a week for three consecutive weeks as required.
☐ The Affidavit of Publication from the printer/publisher is attached as Exhibit C.
☐ An Affidavit of Mailing is also attached, confirming process was mailed to the defendant's last known address on [__/__/____].

H. Service by Other Court-Authorized Method

☐ Pursuant to the Order of this Court dated [__/__/____], I served the Service Documents by the following alternative method:

[________________________________]

V. DESCRIPTION OF PERSON ACTUALLY SERVED

(Required by SCRCP Rule 4(g) — Complete for personal or substitute service)

Name of person actually served: [________________________________]

☐ If name of person served is known:

• Address: [________________________________]

☐ If name of person served is not known, provide:

• Date of service: [__/__/____]
• Time of service: [____:____ ☐ AM ☐ PM]
• Place of service: [________________________________]

Physical Description:

• Sex: [________________________________]
• Approximate Age: [____]
• Race/Ethnicity: [________________________________]
• Height: [____] ft. [____] in.
• Weight: approximately [____] lbs.
• Hair Color/Style: [________________________________]
• Eye Color: [________________________________]
• Glasses: ☐ Yes ☐ No
• Other Identifying Features: [________________________________]

VI. NON-SERVICE / DUE DILIGENCE REPORT

(Complete if service was not accomplished or if substitute/alternative service was used)

I made the following attempts to serve the defendant before completing service by the method described above:

Additional investigative steps taken to locate defendant:
[________________________________]

☐ Service could not be completed. Documents returned unserved for the following reason(s):
[________________________________]

VII. FEES AND EXPENSES

VIII. TIMELINESS AND COMPLIANCE

1. Service was completed on [__/__/____].

2. ☐ Service was completed within 120 days of filing the Summons and Complaint, as required by SCRCP Rule 4(m).

3. ☐ A court order extending the time for service was entered on [__/__/____].

4. Proof of service is delivered promptly to the officer or person who issued the process, in compliance with SCRCP Rule 4(g).

5. I certify that service was completed in compliance with all applicable provisions of the South Carolina Rules of Civil Procedure and any orders of this Court.

IX. MILITARY STATUS DECLARATION

To the best of my knowledge, information, and belief, the person served:

☐ Is not currently on active duty with the United States Armed Forces as defined by the Servicemembers Civil Relief Act, 50 U.S.C. § 3931.
☐ Is currently on active duty with the United States Armed Forces.
☐ Military status could not be determined.

X. AFFIANT'S DECLARATION

I, [________________________________], being duly sworn, depose and state that the foregoing is true and correct to the best of my knowledge, information, and belief.

Further affiant sayeth naught.

XI. SIGNATURE AND NOTARIZATION

If Served by Sheriff or Deputy — Certificate of Service

I certify that I served the Service Documents as described above.

Executed on this [____] day of [________________________________], 20[____].

________________________________________
Signature

________________________________________
Printed Name, Sheriff / Deputy Sheriff
[________________________________] County, South Carolina
Badge/ID No.: [________________________________]

If Served by Any Other Person — Affidavit of Service

Executed on this [____] day of [________________________________], 20[____],
at [________________________________], South Carolina.

________________________________________
Signature of Affiant

________________________________________
Printed Name of Affiant

NOTARIAL ACKNOWLEDGMENT

STATE OF SOUTH CAROLINA )
) ss.
COUNTY OF [________________________________] )

Subscribed and sworn to before me this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who has produced satisfactory identification.

________________________________________
Notary Public for South Carolina
My Commission Expires: [________________________________]

[NOTARIAL SEAL]

XII. ATTACHMENTS

☐ Exhibit A — Certified Mail Return Receipt (Green Card) / Delivery Confirmation / Commercial Carrier Receipt
☐ Exhibit B — Written Acknowledgment / Acceptance of Service
☐ Exhibit C — Affidavit of Publication / Newspaper Proof
☐ Exhibit D — Affidavit of Mailing (for service by publication)
☐ Exhibit E — Court Order Authorizing Alternative Service
☐ Exhibit F — Photographs of Service Location
☐ Exhibit G — Service Attempt Log / Investigative Notes
☐ Exhibit H — Copy of Service Documents Served
☐ Exhibit I — Other: [________________________________]

XIII. SOUTH CAROLINA-SPECIFIC RULES AND PRACTICE NOTES

1. Who May Serve: Process must be served by the Sheriff, a deputy sheriff, or any other person not less than 18 years of age who is not an attorney in or a party to the action. SCRCP Rule 4(c).

2. 120-Day Time Limit: Service must be made within 120 days after filing the complaint. If not served within 120 days, the action shall be dismissed without prejudice or the court shall direct that service be effected within a specified time. SCRCP Rule 4(m).

3. Personal Service: Delivering a copy of the summons and complaint to the individual personally. SCRCP Rule 4(d)(1).

4. Substitute / Abode Service: Leaving copies at the individual's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. SCRCP Rule 4(d)(1).

5. Certified Mail: SCRCP Rule 4(d)(8) permits service by certified mail, return receipt requested, delivery restricted to the addressee. Default or default judgment cannot be entered unless the record contains a return receipt showing acceptance by the defendant.

6. Commercial Delivery Service: SCRCP Rule 4(d)(9) authorizes service by a qualifying commercial delivery service, similar to certified mail requirements.

7. Service on Corporations: Service on a domestic or foreign corporation is made by delivering a copy to an officer, a managing or general agent, or to any other agent authorized by appointment or by law. S.C. Code Ann. § 15-9-740.

8. Proof of Service — Sheriff: The Sheriff or deputy makes proof by certificate. SCRCP Rule 4(g).

9. Proof of Service — Others: Any person other than the Sheriff must make proof by affidavit. SCRCP Rule 4(g).

10. Proof of Service — Mail: Must show the date and place of mailing and attach a copy of the return receipt or returned envelope when received. SCRCP Rule 4(g).

11. Written Acknowledgment: No further proof of service is needed when acceptance is acknowledged in writing, signed by the person served or their attorney. SCRCP Rule 4(g).

12. Validity of Service: Failure to make proof of service does not affect the validity of the service. SCRCP Rule 4(g).

13. Service by Publication: The printer or publisher makes an affidavit of publication. An affidavit of mailing must be made by the party or attorney if mailing is required. SCRCP Rule 4(g).

XIV. SOURCES AND REFERENCES

• South Carolina Rules of Civil Procedure, Rule 4: https://www.sccourts.org/resources/judicial-community/court-rules/civil/rule-4/
• S.C. Code Ann. § 15-9-710 et seq. — Service of Process: https://www.scstatehouse.gov/code/t15c009.php
• SC Secretary of State — Service of Process: https://sos.sc.gov/services-and-filings/service-process
• SCRCP Rule 4(c) — Who May Serve Process
• SCRCP Rule 4(d) — Methods of Service
• SCRCP Rule 4(g) — Return / Proof of Service
• SCRCP Rule 4(m) — Time Limit for Service (120 Days)

This document is intended for use by licensed attorneys practicing in South Carolina. It does not constitute legal advice and should be customized to the specific facts and circumstances of each case. All statutory citations should be verified for current accuracy before filing.