How do you serve someone who is avoiding contact, and what are my options if we can’t find them? – South Carolina

Short Answer

In South Carolina, a partition case usually starts with personal service, meaning the other co-owner must be formally served with the summons and complaint. If the co-owner is dodging service or cannot be located after a reasonably diligent search, the court can allow service by publication (and sometimes service outside South Carolina if the person is found out of state). If service still cannot be completed, the case typically cannot move forward until the court is satisfied that the required service steps were done correctly.

Understanding the Problem

In a South Carolina partition action, the key issue is whether the other co-owner can be legally “served” so the court can move the case forward toward a sale, a buyout, or another court-ordered solution. The actor is the co-owner who wants to file the partition case, and the duty is to give the other co-owner proper notice through a method South Carolina law allows. The trigger is filing the lawsuit and then completing service within the time and manner the court rules require before the court can enter meaningful orders.

Apply the Law

South Carolina allows several service paths in property-related cases, but the court generally expects a good-faith effort at personal service first. When a defendant cannot be found after due diligence, or is concealing themselves to avoid service, South Carolina law allows the court (or certain judicial officers) to authorize service by publication in a newspaper. In partition actions, the statutes also recognize that publication may be needed, and special notice steps can apply in certain “heirs’ property” situations.

Key Requirements

Proper party identification: The complaint must name the co-owner(s) and any other parties who may claim an interest that could be affected by the partition.
Reasonably diligent search (when the person cannot be found): Before publication, the court usually requires proof—by affidavit—of the efforts made to locate and serve the person.
Correct court authorization and publication steps: Service by publication generally requires an order and publication for the required number of weeks in the proper county newspaper, plus any additional steps the court orders for partition cases.

What the Statutes Say

S.C. Code Ann. § 15-9-710 (When service by publication may be had) – Allows an order for service by publication in specified situations, including when a resident cannot be found after diligent search or is concealing themselves to avoid service, and in actions relating to South Carolina real property.
S.C. Code Ann. § 15-9-720 (Service on unknown parties by publication for certain real property actions) – Requires the court to allow publication for unknown parties in certain real property actions (including partition) when residence cannot be found with reasonably diligent effort and an affidavit is provided; publication is once a week for three weeks in the county newspaper.
S.C. Code Ann. § 15-9-750 (Effect of personal service out of State) – Provides that personal service outside South Carolina can be equivalent to publication in cases where publication would otherwise apply.
S.C. Code Ann. § 15-61-340 (Partition actions; notice by publication) – Confirms partition actions can use lawful service methods and adds extra posting requirements when the court determines publication is required and the property may be heirs’ property.

Analysis

Apply the Rule to the Facts: The facts describe a co-owner who is unresponsive and sometimes occupies the property, which often means personal service may be possible but may take multiple attempts at different times and days. If the co-owner is actively avoiding contact or cannot be located despite documented efforts, the next step is usually asking the court for permission to serve by publication supported by an affidavit describing the search and service attempts. Because this is a real-property dispute, South Carolina’s publication statutes are commonly used when a co-owner cannot be found or is effectively unreachable.

Process & Timing

Who files: The co-owner seeking partition (sale or division/buyout). Where: South Carolina Court of Common Pleas in the county where the property is located (filed with the Clerk of Court). What: A summons and complaint for partition, plus any required lis pendens and supporting documents required by local practice. When: Service must be completed early in the case before the court can enter orders affecting the other co-owner’s rights; if publication is needed, it typically cannot start until the court signs an order allowing it.
Attempt personal service first: Use the sheriff or a private process server. Multiple attempts at different times, attempts at known addresses, and checking common leads (mailing address on deeds/tax records, known employers, known relatives for forwarding information) help show due diligence.
If the person cannot be found or is evading service: File a motion/request for an order allowing service by publication, supported by a detailed affidavit describing the search efforts and failed service attempts. After the order, publish the summons/notice in a newspaper of general circulation in the county for the required run (commonly once a week for three weeks for unknown parties in covered real-property actions), and complete any additional steps the court orders (which can include posting requirements in certain partition cases).

Exceptions & Pitfalls

Publication is not a shortcut: Courts often require a real, documented search. Thin affidavits and minimal attempts can lead to delays, re-publication, or challenges later.
“Unknown” vs. “known but missing” parties: Different statutes and procedures can apply depending on whether the co-owner is known but cannot be located versus truly unknown claimants. Mixing these categories can create service defects.
Heirs’ property complications: If the court determines publication is required and the property may qualify as heirs’ property, additional notice steps (like posting a sign on the property) may be required in addition to publication.
Occupancy and access issues: When the other co-owner sometimes occupies the home, service attempts should be timed and documented carefully. Improper “drop service” or informal notice can backfire and cause the case to restart service.

Conclusion

In South Carolina, a partition case usually must start with valid service of the summons and complaint on the other co-owner. If the co-owner is avoiding service or cannot be found after a reasonably diligent search, the court can authorize service by publication (and personal service outside South Carolina can also work if the person is located out of state). The next step is to file the partition case in the Court of Common Pleas and, if personal service fails, promptly file a motion supported by an affidavit requesting an order for publication.

Talk to a Partition Action Attorney

If a co-owner is unresponsive and service is likely to be difficult in a South Carolina partition action, an attorney can help choose the fastest lawful service strategy, prepare the required affidavits, and keep the case moving toward a sale or buyout while avoiding service defects that cause expensive delays.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.