S.C. Code Ann. § 27-37-30

Service of rule; posting and mailing requirements

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/16/2026South CarolinaService Requirements

Operative Text

S.C. Code Ann. § 27-37-30
(A) The copy of the rule provided for in Section 27-37-20 may be served in the same manner as is provided by law for the service of the summons in actions pending in the court of common pleas or magistrates courts of this State. The methods of service described in subsections (B) and (C) may be used as alternatives to the method of service described in this subsection.

(B) When no person can be found in possession of the premises, and the premises have remained abandoned, as defined in Section 27-40-730 for residential rental agreements and in Section 27-35-150 for nonresidential rental agreements, for a period of fifteen days or more immediately before the date of service, the copy of the rule may be served by leaving it affixed to the most conspicuous part of the premises.

(C) When service as provided in subsection (A) has been attempted unsuccessfully two times in the manner described in item (1), a copy of the rule may be served by affixing both it and documentation of the two service attempts to the most conspicuous part of the premises and mailing a copy of the rule in the manner described in item (2):

(1) Each of the two attempts to serve the defendant must be separated by a minimum of forty-eight hours and must occur at times of day separated by a minimum of eight hours. The person attempting to serve the rule must document the date and time of the attempts by affidavit or by certificate in the case of a law enforcement officer. On the first unsuccessful attempt to serve the rule, a copy of the rule must be affixed to the most conspicuous part of the premises. On the second unsuccessful attempt to serve the rule, the documentation of the two attempts to serve the rule must be attached to the copy of the rule when it is affixed to the most conspicuous part of the premises.

(2) For mailing by ordinary mail to be considered to complete service under this item, it must be accomplished by placing a copy of the rule and documentation of the prior attempts at service in an envelope in the presence of the clerk of the magistrates court. The clerk is responsible for verifying that the envelope is addressed to the defendant at the address shown in the rule as the rental premises of the defendant or another address for receipt of mail furnished in writing by the tenant to the landlord, that the envelope contains the necessary documents, and that the clerk has placed the sealed and stamped envelope in the United States mail. The clerk's verification must be made a part of the record in the case, and service by ordinary mail is not considered complete without the clerk's verification. A fee as provided for in Section 8-21-1010(14) must be collected by the magistrate or his clerk for the verification and mailing in this item.

(3) Mailing of the rule constitutes service when the requirements of items (1) and (2) have been met and ten days have elapsed from the time of mailing. If these requirements have been met, the specified time period for the tenant to show cause why he should not be ejected as provided in Section 27-37-20 begins to run on the eleventh day after mailing. However, if the tenant contacts the magistrates court prior to the eleventh day, the specified time period for the tenant to show cause as provided in Section 27-37-20 must begin to run at the time of contact.
Source: Legislative text reproduced verbatim
Plain English

Section 27-37-30 of the South Carolina Code establishes the methods by which a rule to vacate (or ejectment rule) may be legally served on a tenant. Standard service follows the same procedures used for summons in common pleas or magistrates court actions, but two alternative methods are available: posting on the premises when it has been abandoned for at least fifteen days, or a combined posting-and-mailing procedure when two in-person attempts have failed. Under the posting-and-mailing alternative, service is not considered complete until ten days after mailing, with the tenant's time to respond beginning on the eleventh day unless the tenant contacts the court sooner.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Operators initiating ejectment proceedings under S.C. Code Ann. § 27-37-30 generally ensure that service of the rule is carried out through one of the three recognized methods: standard summons-style service, posting on abandoned premises, or the two-attempt posting-and-mailing procedure. When using the posting-and-mailing alternative, compliant operators document each service attempt by affidavit or law enforcement certificate, ensure the attempts are separated by at least 48 hours and at least 8 hours apart in time of day, and coordinate with the magistrates court clerk for verified mailing. Operators are aware that a fee under Section 8-21-1010(14) applies to the clerk's verification and mailing step, and that the tenant's response period does not begin until the eleventh day after mailing unless the tenant contacts the court earlier.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under S.C. Code Ann. § 27-37-30, tenants facing ejectment have a right to receive proper legal service of the rule before any response deadline begins to run, and the law sets strict requirements for how and when that service is valid. If the posting-and-mailing method is used, the clock on a tenant's time to show cause does not start until the eleventh day after mailing — and if a tenant contacts the magistrates court before that eleventh day, the response period begins at the time of that contact. Tenants who believe service was not carried out in accordance with § 27-37-30's requirements may raise that issue in magistrates court proceedings or seek guidance from a tenant-rights organization familiar with South Carolina landlord-tenant law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

S.C. Code Ann. § 27-37-150
S.C. Code Ann. § 27-37-20
S.C. Code Ann. § 27-37-10
S.C. Code Ann. § 27-37-150
S.C. Code Ann. § 27-37-100

Related Rules

§ 326
Service of notices, orders and summonses
§ 735
Manner of service; filing; when service complete
§ 8.22.160
Computation of time

Source Information

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