Frequently Asked Questions

What does a Process Server do?
A legal process server delivers (or serves) legal documents like, writs, summons, subpoenas,complaints and other court documents to a defendant or an individual involved in a court case. The process server must serve the documents in accordance with the legislation or rules of civil procedure in the area of service. This may mean handing the documents to the defendant personally or sub-serving to someone in the same household or business. Once the documents are delivered, the process serving agent must provide proof that the papers were served. This is done through a document call an Affidavit of Service, also called a Proof of Service, which must be notarized and given to the party who requested service.

What is Service of Process?
United States legal procedure requires that each party in a case should be notified if actions are taken against them in a court of law. Process serving is an important aspect of the Due Process of Law. Process serving laws and rules of civil procedure are different from state to state. You can find the Rules of Civil Procedure for South Carolina here. People are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, order to show cause and writs. One type of service is called "substituted service". This legal process of service is when the documents are left with an adult resident of the named party at the target’s home, or with a management level employee at their place of business. There are also circumstances when posting in a prominent place (followed up by a certified mail copy) is an accepted method of service.

Who Serves Due Process?
When Service of Process was first instituted, it was performed by sheriffs or deputies, and agents of the court. This became a burden on law enforcement so the legislation was changed. Now any US citizen, not a party to the case, over the age of 18 residing in the state where the matter is to be tried may serve due process. Some states require a process server license, and in some states they are required to post a surety bond. Others that can serve are Law enforcement persons, Private Investigators, Attorneys and their employees. You should check the process server laws in your state if you are trying to find a process server. Remember that the process server cannot be a party to the case.

Where can Defendants be Served?
This depends on which state the papers are being served in or are coming from. This is also an important reason why you need a process server. In most states, you can serve anyone, anywhere at anytime. In the some states like Virginia, Florida and others, you cannot serve someone at their residence on Sundays, nor can you serve them when they are traveling to and from a court of law. Some states don't allow service to occur on Holidays.

What if the person cannot be found or is evasive?
If the named party in the documents cannot be found, the court may allow service by publication in a newspaper. In some states a "Substitute Service" is acceptable. This is when someone other than the defendant is served. This should be done only as the last resort and shown as part of the Due Diligence.

What if they don't accept the papers?
In most cases they do not have to accept service in order for it to be considered effective. You may just have to leave them at their feet and walk away. Please refer to the service of process laws in your state.

Do I need a Legal Process Server?
First of all, it is important to know that many states require a process server to be licensed. So in these states, the answer is yes. While process servers in South Carolina do not need to be licensed, hiring a professional will save you time and insure your documents are delivered in the most efficient manner. Hiring a Legal Process Server is an important step in proceeding with a court case. Process servers have the skills and experience to serve your legal documents in timely and affordable manner, and more importantly serve them in accordance with the local and state process serving laws. There are several requirements and constraints associated with the rules of service of process. In some states you cannot serve on Sundays or holidays. Some places do not allow papers to be served on a person traveling to court. It is also very important to note, that papers cannot be served by someone who is involved in the case or legal proceeding. If a serve is not done in accordance with these rules, this can hinder your case from going forward, or result in the dismissal of your case. Improper service also delays obtainment of evidence, which can cause injunctions, court fees and attorney’s fees.

Does a Process Server need to be Licensed?
A process server in South Carolina does not need to be licensed. However, if you need documents served in another state that does require licensure, you will need to use a licensed process server.
The following states require a process server to be licensed:
Alaska
Arizona
California
Florida
Illinois
Montana
Nevada
Oklahoma
Texas
Washington

What is an Affidavit of Service and a Proof of Service?
An Affidavit of Service, also called a Proof of Service is a signed document provided to you by your Legal Process Server upon completion of serving your documents. Proof of Service states when, where and who was Served.