Breland v. Long (Lawyers Weekly No. 002-138-17, 6 pp.) (J. Michelle Childs, J.) 5:17-cv-00070; D.S.C. Holding: After plaintiff was injured in a traffic accident with an Illinois driver, she attempted to serve defendant pursuant to S.C. Code Ann. §§ 15-9-370 ...

Tagged with: Service of Process

The broad language of a contract to rent a UPS box has allowed the owner of a liquor company to be served with a lawsuit, despite the complaint being served to the wrong box. A Charleston federal judge found March ...

Tagged with: Service of Process UPS

A bank that found itself hit with a $98.5 million default judgment after the summons for a lawsuit lay unread for months on a departed employee’s desk will not be able to collect insurance coverage for the cost of having ...

Tagged with: Service of Process

Arora v. James (Lawyers Weekly No. 002-176-15, 25 pp.) (J. Michelle Childs, J.) 5:14-cv-00018; D.S.C. Holding: Plaintiffs assert that (1) campus police officers entered the plaintiff-instructor’s hospital room without consent, (2) the defendant-hospital security guard asked the officers to leave ...

Tagged with: Service of Process

Woodruff v. Pride Mobility Products Corp. (Lawyers Weekly No. 002-228-14, 4 pp.) (Mary Lewis, J.) 3:14-cv-02573; D.S.C. Holding: Even though plaintiff mailed service papers addressed to “whom it may concern” via certified mail and did not restrict delivery to an ...

Tagged with: Service of Process

Bloody Point Property Owners Association, Inc. v. Ashton (Lawyers Weekly No. 011-098-14, 8 pp.) (James Lockemy, J.) Appealed from Beaufort County (Marvin Dukes III, Master-in-Equity) S.C. App. Holding: The respondent-purchasers had no notice of the Pennsylvania appellants’ claims that they ...

Tagged with: Foreclosure Service of Process

Until recently, many attorneys and the process servers they depend on have done business based solely on handshakes, making it one of the few aspects of modern life untouched by contracts. That once casual relationship has become increasingly complicated and strained in the wake of a federal Consumer Financial Protection Bureau bulletin that announced new policies and procedures for debt collection.

Tagged with: Service of Process

Clyburn v. Champagne Even though, after his suspension from the practice of law was lifted, counsel never received plaintiff’s file, he was still able to print a copy of the summons and complaint for delivery to his process server.

Tagged with: Attorneys Civil Practice Service of Process

State ex rel. Ariail v. $88,148.45 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.

Tagged with: Civil Practice Default Judgment Forfeiture Service of Process

Mims v. Babcock Center, Inc. Plaintiff filed her original complaint on May 29, 2007 but never served it. She filed an amended complaint on May 7, 2008 and served it on May 12, 2008. Reading S.C. Code Ann. § 15-3-20(B) and Rule 3(a), SCRCP, together, we find the trial court erred when it granted defendants’ motion to dismiss based on insufficiency of process and insufficiency of service of process, as well as lack of jurisdiction, and failure to prosecute.

Tagged with: Civil Practice Service of Process Statute of Limitations