South Carolina § 15-9-380 Procedure when nonresident motorist or motor carrier defendant does not accept and receipt for notice sent by certified mail.

South Carolina Statutes

§ 15-9-380 — Procedure when nonresident motorist or motor carrier defendant does not accept and receipt for notice sent by certified mail.

South Carolina § 15-9-380

Title 15CIVIL REMEDIES AND PROCEDURES

Ch. 9SUMMONSES, ORDERS OF PUBLICATION AND SERVICE OF PAPERS GENERALLY

This text of South Carolina § 15-9-380 (Procedure when nonresident motorist or motor carrier defendant does not accept and receipt for notice sent by certified mail.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 15-9-380 (2026).

Text

If the defendant in any such cause shall fail or refuse to accept and receipt for certified mail containing the notice of service and copy of the process and it shall be returned to the plaintiff or the Department of Motor Vehicles, the original envelope as returned shall be retained and the notice and copy of the summons shall be sent by open mail and the envelope and affidavit of mailing with sufficient postage of such open letter shall be filed with the clerk of court in which such action is pending and upon the filing thereof shall have the same force and legal effect as if such process has been personally served upon such defendant.

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If the defendant in any such cause shall fail or refuse to accept and receipt for certified mail containing the notice of service and copy of the process and it shall be returned to the plaintiff or the Department of Motor Vehicles, the original envelope as returned shall be retained and the notice and copy of the summons shall be sent by open mail and the envelope and affidavit of mailing with sufficient postage of such open letter shall be filed with the clerk of court in which such action is pending and upon the filing thereof shall have the same force and legal effect as if such process has been personally served upon such defendant.

Legislative History

HISTORY: 1962 Code SECTION 10-431.1; 1952 Code SECTION 10-431.1; 1949 (46) 342; 1962 (52) 2309; 1993 Act No. 181, SECTION 267. Editor's Note 2003 Act No. 51, SECTION 18 directed the Code Commissioner to substitute "Department of Motor Vehicles" for "motor vehicle records division of the Department of Public Safety".