(A) For the purposes of this section, "court" means a court, judge, clerk of court, master-in-equity, special referee, or judge of probate of competent jurisdiction in the county where the action is pending.
(B)(1) A court shall grant an order allowing a party with an interest in or lien on a parcel of real property subject to a partition action, mortgage foreclosure action, or other action affecting the property's title to serve by publication any unknown party to the action and who has an interest in or lien on the real property, any such legal notice as will accomplish the underlying purposes set forth in this section, if the:
(a) residence of the unknown party cannot, with a reasonably diligent effort, be ascertained by the plaintiff; and
(b) plaintiff presents an affidavit to the court stating he has been unable to ascertain the residence of the unknown party after making a reasonably diligent effort.
(2) A court order allowing a party to serve an unknown party by publication must require the party serving by publication to publish the service once a week for three weeks in a newspaper of general circulation in the county where the property is situated. Service by publication under this section is equal to personal service on the unknown party.
(C) A party may accomplish service by publication pursuant to this section for multiple units in a single horizontal property regime by consolidating the services into a single service that identifies each apartment included in the action based on the apartment's description in the master deed. This consolidated service must comply with the other requirements of this section and other applicable statutes, including the requirement that publication must take place once a week for three weeks in a newspaper of general circulation in the county where the property is situated.
HISTORY: 1962 Code Section 10-452; 1952 Code Section 10-452; 1942 Code Section 436; 1932 Code Section 436; Civ. P. '22 Section 392; Civ. P. '12 Section 185; Civ. P. '02 Section 156; 1870 (14) 456 Section 158; 1876 (16) 190; 1898 (22) 698; 1901 (23) 635; 1904 (24) 379; 1913 (28) 40; 1914 (28) 534; 1933 (38) 452; 1940 (41) 1825; 1941 (42) 275; 2010 Act No. 164, Section 1, eff May 12, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 9 - Summonses, Orders Of Publication And Service Of Papers Generally
Section 15-9-15. Affidavit as proof of service by publication.
Section 15-9-17. Service of summons, complaint or other judicial documents on Sunday.
Section 15-9-210. Service of process on domestic corporations.
Section 15-9-220. Service on corporations generally; who is deemed to be agent of railroad.
Section 15-9-230. Service on corporations generally; qualification as to foreign corporations.
Section 15-9-240. Service of process on authorized foreign corporation.
Section 15-9-245. Service of process on foreign corporation not authorized to do business in state.
Section 15-9-250. Service on foreign rural electric cooperatives.
Section 15-9-270. Service on insurance companies.
Section 15-9-280. Service on unauthorized insurer.
Section 15-9-285. Service on unauthorized insurer through service on Chief Insurance Commissioner.
Section 15-9-290. Service on unauthorized insurer; alternative method.
Section 15-9-310. Service on attorney of reciprocal insurance subscribers.
Section 15-9-320. Service on joint-stock companies.
Section 15-9-330. Service on unincorporated associations.
Section 15-9-370. Service on nonresident motor vehicle drivers and motor carriers.
Section 15-9-390. Service on nonresident operators of aircraft.
Section 15-9-415. Service on nonresident vessel operators.
Section 15-9-420. Service on certain traveling shows.
Section 15-9-430. Service on nonresident directors of domestic corporations.
Section 15-9-440. Service on trustees of inter vivos trusts.
Section 15-9-450. Service on nonresident individual fiduciaries.
Section 15-9-460. Service on certain nurserymen.
Section 15-9-710. When service by publication may be had.
Section 15-9-720. Service on unknown parties by publication for certain real property actions.
Section 15-9-730. Service on certain domestic corporations by publication.