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Bill Number: 1011 Ratification Number: 600 Act Number 531 Introducing Body: Senate Subject: Service by publication
(A531, R600, S1011)
AN ACT TO AMEND SECTION 15-9-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE BY PUBLICATION, SO AS TO PERMIT SERVICE BY PUBLICATION WHEN THE DEFENDANT IS A RESIDENT OF THIS STATE AND AFTER DILIGENT SEARCH CANNOT BE FOUND.
Be it enacted by the General Assembly of the State of South Carolina:
Service by publication
SECTION 1. Section 15-9-710 of the 1976 Code is amended to read:
"Section 15-9-710. When the person on whom the service of the summons is to be made cannot, after due diligence, be found within the State and (a) that fact appears by affidavit to the satisfaction of the court or judge thereof, the clerk of the court of common pleas, the master, or the probate judge of the county in which the cause is pending and (b) it in like manner appears that a cause of action exists against the defendant in respect to whom the service is to be made or that he is a proper party to an action relating to real property in this State, the court, judge, clerk, master, or judge of probate may grant an order that the service be made by the publication of the summons in any one or more of the following cases:
(1) when the defendant is a foreign corporation and has property within the State or the cause of action arose therein;
(2) when the defendant, being a resident of this State, has departed therefrom, with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with like intent;
(3) when the defendant is a resident of this State and after a diligent search cannot be found;
(4) when the defendant is not a resident of this State but has property therein and the court has jurisdiction of the subject of the action;
(5) when the subject of the action is real or personal property in this State and the defendant has or claims a lien or interest, actual or contingent, therein or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein;
(6) when the defendant is a party to an adoption proceeding and is either a nonresident or a person upon whom service cannot be had within the State after due diligence;
(7) when the defendant is a party to a proceeding for the determination of parental rights and is either a nonresident or a person upon whom service cannot be had within the State after due diligence; and
(8) when the defendant is a party to an annulment proceeding or where the subject of the matter involves the custody of minor children, support of minor children or wife, separate maintenance, or a legal separation."
SECTION 2. This act takes effect upon approval by the Governor.