S 1355 General Bill, By Leventis

Similar(S 87)
 A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO SERVICE OF THE RULE TO SHOW CAUSE IN AN EJECTMENT, SO AS TO
 CLARIFY THAT SERVICE MAY BE EFFECTED AS PROVIDED IN MAGISTRATES COURTS, AND TO
 PROVIDE THAT SERVICE OF THE RULE BY POSTING AND MAILING AFTER THREE PRIOR
 ATTEMPTS MUST BE WITHIN SEVENTY-TWO HOURS AT TIME FRAMES SEPARATED BY A
 MINIMUM OF TWENTY-FOUR HOURS.

   04/25/00  Senate Introduced and read first time SJ-20
   04/25/00  Senate Referred to Committee on Judiciary SJ-20

TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF THE RULE TO SHOW CAUSE IN AN EJECTMENT, SO AS TO CLARIFY THAT SERVICE MAY BE EFFECTED AS PROVIDED IN MAGISTRATES COURTS, AND TO PROVIDE THAT SERVICE OF THE RULE BY POSTING AND MAILING AFTER THREE PRIOR ATTEMPTS MUST BE AT TIME FRAMES SEPARATED BY A MINIMUM OF TWENTY-FOUR HOURS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 27-37-30 of the 1976 Code as last amended by Act 61 of 1999 is further amended to read:

"Section 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 and in the 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 if the method of service described in this subsection is impracticable.

(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 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 three times in the manner described in item (1), a copy of the rule may be served by affixing both it and documentation of the three 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 three attempts to serve the defendant must be separated by a minimum of seventy-two twenty-four hours and must occur at times of day separated by a minimum of four 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. The documentation of the three attempts to serve the rule must be attached to the copy of the rule when it is affixed to 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 magistrate's 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 residence of the defendant, 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 shall not be considered complete without the clerk's verification. A fee as provided for in Section 8-21-1010(14) shall must be collected by the magistrate or his clerk for the verification and mailing in this item.

(3) Mailing of the rule shall constitute 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 shall begin to run on the eleventh day after mailing."

SECTION 2. This act takes effect upon approval by the Governor.