Assorted newspapers on a table, illustrating the legal notices used for service by publication in South Carolina

South Carolina service guide

How Does Service by Publication Work in South Carolina?

Service by publication lets a South Carolina case move forward when a defendant cannot be found in the state after due diligence. A court, judge, clerk of common pleas, master or probate judge may order the summons published once a week for three weeks. The order depends on an affidavit, and that affidavit depends on a real record of attempts.

Ordered under S.C. Code 15-9-710
Three weekly newspaper notices
Built on a due diligence affidavit

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46South Carolina counties covered
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Quick answer

When is service by publication allowed in South Carolina?

Under S.C. Code 15-9-710, publication may be ordered when an affidavit shows the defendant cannot, after due diligence, be found in the state and a listed ground applies. The summons is then published once a week for three weeks under 15-9-740. Our process serving for hard-to-serve defendants creates the attempt record that supports the affidavit.

01The basics

What Publication Does and Why It Is a Last Resort

Most South Carolina defendants are served by hand, at the home through a resident of suitable age and discretion, by restricted-delivery mail or through an authorized agent. Service by publication in South Carolina is different. It is constructive service: instead of putting papers into someone's hands, the plaintiff runs the summons in a newspaper under a court order. Because notice is indirect, the statute requires a sworn showing that ordinary service was tried and failed. Our guide to serving legal papers in South Carolina covers the usual methods.

That sworn showing is where most of the work lies. Publication is available only when the defendant cannot, after due diligence, be found within the state, and the facts must be set out by affidavit. A thin record invites a later challenge. A detailed, dated log of attempts at every known address is the kind of material counsel use to show diligence. Our Charleston County process servers and Lexington County service team build that record from the first visit.

02S.C. Code 15-9-710

Who Can Order Publication and What the Affidavit Must Show

Section 15-9-710 lists several officials who may grant a publication order: the court, a judge of the court, the Clerk of Court for Common Pleas, the master, or a probate judge of the county where the case is pending. The order rests on an affidavit showing two things: that the defendant cannot be found in South Carolina after due diligence, and that a cause of action exists against the defendant or that the defendant is a proper party in an action involving real property. Our Richland County court paper delivery often supports filings before the Columbia clerk.

The statute does not spell out what due diligence means in every case, so counsel decides what belongs in the affidavit. In practice, that often includes attempts at home and work addresses, inquiries with people at those addresses, and any returned or refused mail. We do not draft affidavits for publication or give legal advice, but our signed affidavits and attempt logs give counsel facts to cite. Upstate filings can be supported by our Greenville County process service.

Court, judge, clerk of common pleas, master or probate judge
Affidavit that due diligence failed in South Carolina
A cause of action, or a proper party to a property case
Order designates the newspaper

Stack of newspapers on a window sill, a reminder that notice runs once a week for three weeks — Photo: Unlimited Access / Unsplash

03Listed grounds

The Situations Section 15-9-710 Covers

Besides the due diligence threshold, the case must fit one of the statute's listed situations. Paraphrased, they include a foreign corporation with property or a cause of action in the state; a resident who left the state to defraud creditors or avoid service, or who hides for that purpose; a resident who cannot be found after diligent search; and a nonresident with South Carolina property where the court has jurisdiction over the subject. Our Hilton Head Island process servers see the nonresident-owner pattern often.

The list continues with cases involving South Carolina property in which the defendant claims a lien or interest, adoption proceedings, proceedings involving parental rights, and annulment, custody, support, separate maintenance or legal separation cases. A related section, 15-9-720, added in 2010, addresses publication against unknown parties who claim an interest in or lien on real property. Your attorney decides which ground fits. Our Beaufort County service of process attempts delivery first on island property cases.

04S.C. Code 15-9-740

How the Notice Is Published and Mailed

Once the order is granted, S.C. Code 15-9-740 requires publication not less than once a week for three weeks in one newspaper. The officer granting the order designates the newspaper, choosing the one most likely to give notice to the person being served. The order also directs that a copy of the summons be mailed to the defendant's residence, unless the residence is unknown and cannot be found with reasonable diligence. Our process servers in Aiken often supply the last known residence details counsel need, and Greer service of process does the same along I-85.

Proof of publication works differently from a server's affidavit. Under SCRCP 4(g), publication is proved by the publisher's affidavit, while a private server proves personal service by affidavit and a sheriff by certificate. The statutes reviewed for this guide do not state when publication service becomes complete or how long the defendant then has to answer, so ask counsel or the clerk about timing. Our publication-ready attempt records for attorneys help counsel document the earlier attempts.

05Options to try first

Routes That Can Make Publication Unnecessary

Several routes can make service by publication in South Carolina unnecessary. If the defendant has moved away, S.C. Code 15-9-750 says personal service of the summons outside the state is equivalent to publication and is complete on the day of service, without any publication order or affidavit. Rule 4(h) lets the proof be sworn outside South Carolina before a notary, a clerk of court or a commissioner of deeds. Our papers served in other states coordinates that delivery, and the multistate process serve rates list starting figures nearby.

Business defendants have their own statutes. A domestic corporation with no reachable registered agent can be served by court-ordered certified mail to its corporate secretary, perfected five days after mailing, under 15-9-210(c). An unauthorized foreign corporation is treated as having designated the Secretary of State as its agent under 15-9-245, and a nonresident motorist is treated as having appointed the Director of the Department of Motor Vehicles under 15-9-350. Our South Carolina registered agent service handles ordinary business serves first.

06Family and military cases

Publication in Family Court and Cases Involving Servicemembers

Family cases appear throughout the publication statute: adoption, parental rights, annulment, custody, support, separate maintenance and legal separation are all listed. Even so, the due diligence requirement applies. A spouse or parent who has simply stopped answering the phone may still be reachable at work or through a relative's household, and a signed Acceptance of Service remains an option if contact resumes. Our guide to serving South Carolina divorce papers explains the routes to try first.

When the defendant may be in the military, federal law adds steps before any default. The Servicemembers Civil Relief Act generally requires an affidavit stating whether the defendant is in military service, and if so the court must appoint an attorney before entering judgment and may grant a stay of at least 90 days. South Carolina installations include Fort Jackson, Shaw Air Force Base, Joint Base Lindsey Graham (formerly Joint Base Charleston) and the Marine Corps facilities near Beaufort. Our Sumter County process servers work near Shaw.

Rolled newspaper lying on concrete, the kind of printed notice a court may order when a defendant cannot be found — Photo: Natalie Brennan / Unsplash

07Deadlines and our role

Deadlines, Diligence and Where DFS Fits

Publication takes time: the attempts, the affidavit, the order and three weeks of notice. Under SCRCP 3(a), a case is commenced at filing if service happens within the statute of limitations; otherwise, actual service generally must be accomplished within 120 days after filing. How publication fits that window is a legal question for counsel, but starting diligent attempts early keeps options open. Our rush and same day service tiers help when a deadline is close.

Delator Field Services does not seek publication orders, choose newspapers or place notices; counsel and the court handle those steps. Our role comes earlier: documented attempts at every address counsel provides, household delivery where the rule allows, and a signed affidavit or detailed attempt record. Each assigned server is an adult who has no party or attorney role in the matter. Starting rates by county are on the South Carolina county rate map, and our statewide process serving overview explains how we work.

Services

Services That Support or Avoid Publication

How it works

How DFS Supports a Publication Request

01
Gather every address
Counsel sends the papers with all known home, work and secondary addresses, any returned mail and the history of earlier attempts, plus any deadline that applies.
02
Quote the plan
We propose attempt windows and locations, then confirm the tier, the county's published starting rate and the final price in writing before the first visit.
03
Attempt and log
Servers visit each address at varied times, deliver if the defendant or a qualifying resident is present, and record date, time, place and observations for every visit.
04
Hand over the record
You receive a signed affidavit of service, or a complete attempt record counsel can cite in the due diligence affidavit supporting a publication order, sent as soon as it is signed.

Compare

Service by Publication in South Carolina at a Glance

Step	What the law says	Source
Threshold	Defendant cannot be found in the state after due diligence, shown by affidavit	S.C. Code 15-9-710
Who may order	Court, judge, clerk of common pleas, master or probate judge	S.C. Code 15-9-710
Notice	Once a week for three weeks in a designated newspaper; summons mailed if residence known	S.C. Code 15-9-740
Proof	Publisher's affidavit	SCRCP 4(g)
Alternative	Personal service out of state, complete on the day served	S.C. Code 15-9-750

Statewide coverage

Diligent Attempts Across South Carolina

A publication request is only as strong as the attempts behind it, and those attempts happen wherever the defendant was last known to live or work. In the Upstate, our process servers in Anderson and Spartanburg County service of process handle Interstate 85 addresses. In the Lowcountry, our Berkeley County court paper delivery covers Moncks Corner and Goose Creek. Along the coast, our Conway service team works Horry County. Every location keeps the same dated log and signed affidavit, so a diligence record built in several counties reads as one file.

FAQ

Frequently asked questions

Who decides whether publication is allowed?

Under S.C. Code 15-9-710, the order may come from the court, a judge of the court, the Clerk of Court for Common Pleas, the master, or a probate judge of the county where the case is pending. The decision rests on an affidavit showing due diligence and a listed ground. Counsel prepares and files that request; we supply the attempt record.

How long does the notice run in the newspaper?

S.C. Code 15-9-740 requires publication not less than once a week for three weeks in one newspaper designated by the officer who grants the order. The newspaper should be the one most likely to give notice to the defendant. The order also directs mailing a copy of the summons to the defendant's residence unless it is unknown.

When is publication service complete?

The statutes reviewed for this guide do not state when publication service becomes complete or when the answer period then begins. Ask your attorney or the clerk of the issuing court how they count it in your case. By contrast, personal service outside South Carolina is complete on the day of service under S.C. Code 15-9-750.

What counts as due diligence?

The statute does not define it in detail, so counsel decides what to include. Affidavits commonly describe attempts at home and work addresses, conversations with people at those addresses, and returned or refused mail. Our dated attempt logs and signed affidavits give counsel specific facts to cite. See what happens when someone avoids service for earlier options.

Can publication be used in a divorce or custody case?

The statute lists adoption, parental rights, annulment, custody, support, separate maintenance and legal separation cases among its grounds, and it also covers a resident who cannot be found after diligent search. The due diligence affidavit is still required. Counsel can explain which ground fits. Our South Carolina divorce papers service handles the attempts that come first.

Is publication needed if the defendant moved out of state?

Often not. S.C. Code 15-9-750 treats personal service of the summons outside the state as equivalent to publication, complete on the day of service, with no publication affidavit or order needed. The out-of-state server's affidavit may be taken before a notary or a clerk of court, as SCRCP 4(h) allows. Our out-of-state delivery for South Carolina cases arranges it.

What about a company that cannot be served?

Corporations usually have other routes. A domestic corporation whose registered agent cannot be served with reasonable diligence can be served by court-ordered certified mail to its corporate secretary under S.C. Code 15-9-210(c). An unauthorized foreign corporation can be served through the Secretary of State under 15-9-245. Our business and registered agent service tries ordinary service first.

Does Delator Field Services publish the notice?

No. We do not seek publication orders, select newspapers or place legal notices. Counsel and the court handle those steps. Our part is the field work before them: documented attempts at each known address, delivery to a qualifying household resident where the rule allows, and a signed affidavit or attempt record.

What does a diligence-focused serve cost?

Each county has a published Routine starting rate, from $125 in ten counties to $230 in Allendale, and Urgent, Rush and Same Day Rush cost 1.5, 2 and 3 times Routine. A file with several addresses may need several attempts, and we explain that before work begins. The final price is confirmed in writing. Check the rate for each South Carolina county.

Who is Delator Field Services?

Delator Field Services is the process serving division of Delator Group, a Tennessee firm headquartered in Nashville, and has no South Carolina office. In South Carolina we coordinate service through vetted servers suited to the court and county, and every assignment carries a written price, a logged attempt history and a signed affidavit.

Delator Group is headquartered in Nashville, Tennessee. Work in South Carolina is managed by Delator Group leadership; Photography: Pixel Nomad / Unsplash · Unlimited Access / Unsplash · Natalie Brennan / Unsplash. Last reviewed October 2026.

Delator Field Services · A division of Delator Group

Build the Record Before You Ask for Publication

Send the papers and every address you have. We will plan documented attempts, confirm the price in writing and return a signed affidavit or a complete attempt record for counsel.

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