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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110442
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you. SC, Not on this issue, This is a child custody

Customer Question

thank you.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: SC
JA: Have you talked to a lawyer yet?
Customer: Not on this issue
JA: Anything else you think the lawyer should know?
Customer: This is a child custody suit - I suspect my ex husband is planning to sue for custody of our son. I have not been served by a process server, but there is a certified letter waiting for me at the post office which has to be signed for in the presence of a witness. Can he do it this way?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: South Carolina
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposed only.

Yes, this would be valid service under SC rules of civil procedure, Rule 4:

(d)(8) Service by Certified Mail. Service of a summons and complaint upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule may be made by the plaintiff or by any person authorized to serve process pursuant to Rule 4(c), including a sheriff or his deputy, by registered or certified mail, return receipt requested and delivery restricted to the addressee. Service is effective upon the date of delivery as shown on the return receipt. Service pursuant to this paragraph shall not be the basis for the entry of a default or a judgment by default unless the record contains a return receipt showing the acceptance by the defendant. Any such default or judgment by default shall be set aside pursuant to Rule 55(c) or Rule 60(b) if the defendant demonstrates to the court that the return receipt was signed by an unauthorized person. If delivery of the process is refused or is returned undelivered, service shall be made as otherwise provided by these rules.

Customer: replied 2 months ago.
Thank you. What is his recourse if I do not pick it up?
Expert:  Law Educator, Esq. replied 2 months ago.

If you do not pick it up he will have to send the sheriff to serve you personally. If the sheriff could not serve you then he would have to go to court and file for service by publication.

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