How do I locate a defendant in a small claims court case?
In South Carolina, locating a defendant in a small claims court case can be a difficult task. First, the plaintiff should obtain the defendant’s address from any available resources. These can include the defendant’s utility bills, driver’s licenses, post office box, or other contact information. Once the plaintiff has the defendant’s address, they should mail a copy of the summons and complaint to the defendant at their address. The plaintiff should also file a Return of Service with the Clerk of Court to prove that the summons and complaint were delivered. If the plaintiff is unable to locate the defendant’s address, they can hire a professional process server to serve the document. The professional process server is responsible for verifying the defendant’s identity and location, so the plaintiff can rest assured the summons and complaint were delivered to the correct person. In some cases, the plaintiff may also be able to locate the defendant through a credit reporting agency or internet search, if the defendant has listed their address on an online profile. Finally, if all else fails, the plaintiff can ask the court to allow them to serve the defendant by publication. This requires that the defendant’s name and address be published in a local newspaper, in order to give them proper notice of the lawsuit. In conclusion, finding a defendant in a small claims court case in South Carolina requires some research and creativity. Depending on the situation, the plaintiff may need to enlist the help of additional resources in order to locate the defendant.
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