Civil Practice – Service of Process – By Publication – Default Judgment – Motion to Vacate – Forfeiture

State ex rel. Ariail v. $88,148.45 (Lawyers Weekly No. 011-130-12, 5 pp.) (Per Curiam) Appealed from Greenville County Circuit Court (Robin B. Stilwell, J.) S.C. App. Unpub.

Holding: In this civil forfeiture action, defendant Magruder was served by publication, and a default judgment was entered against her. Even though an assistant solicitor in the civil division apparently did not inquire of her fellow assistant solicitor — who was handling the criminal cases against Magruder — as to Magruder’s whereabouts, Magruder has failed to establish that the civil division assistant solicitor made false or fraudulent statements when she said in an affidavit that she had “exhausted all known avenues to locate” Magruder.

We affirm the circuit court’s refusal to vacate a default judgment against Magruder and her property in the state’s civil forfeiture action.

The assistant solicitor attempted to serve Magruder at the only address Magruder furnished officers at the time of her arrest and that she had listed for her bond. In her challenge, Magruder makes no attempt to demonstrate where she resided at the time service by certified mail was attempted, nor has she shown that the person who signed for the mail at the New York address was not authorized under Rule 4(d)(8), SCRCP to accept it. She simply states in her affidavit that she was not staying at the residence at the time of the attempted service.

Moreover, she has not shown that as to the solicitor’s office, her last known address was not the New York address. Finally, Magruder does not contend her attorney had authority to accept service of the forfeiture suit papers, or that contacting her attorney would have led to the disclosure of her “true” residence. Therefore, we hold that fraud has not been shown.

Affirmed.