Public Notice Guide: Civil Remedies and Procedures
Summons
Notice of summons on unknown parties
15-9-720
If a summons has been given to an unknown party in the county where a “cause” is pending then a notice of the summons must be published. This may be done by the granting of a court, judge, clerk, master or judge of probate in that county once a week for three weeks in a newspaper in that county.
Section | Notice | Where | When |
|---|---|---|---|
15-9-720 | A notice for summons of an unknown resident | A newspaper in that county | Once a week for three weeks |
Exact wording:
“(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.”
Publication of summons
15-9-740
A publication of a summons for an individual should be placed in one newspaper decided by the officer where the application was made. The summons shall give notice to an individual and state the time and place of the filing. It shall be placed within a reasonable amount of time and no less than once a week for three weeks. If the individual is a minor or “non compos mentis” then a similar notice will be made to an appointed guardian.
Section | Notice | Where | When |
|---|---|---|---|
15-9-740 | A notice of summons stating the time and place of the filing | One newspaper designated by the officer in which the application is made | Not less than once a week for three weeks |
Exact wording:
“The order of publication shall direct the publication to be made in one newspaper, to be designated by the officer before whom the application is made, most likely to give notice to the person to be served and for such length of time as may be deemed reasonable not less than once a week for three weeks.” “In case of minors, persons imprisoned outside of this State, lunatics confined outside of this State or in like cases, a similar order shall be made and like proceedings be had as in case of adults not under disabilities.” “In all cases in which publication is made the complaint must first be filed and the summons, as published, must state the time and place of such filing.”
Creditors shall be summoned by public notice
15-17-420
A public notice of summons to the creditors that the suit is filed must be published in a newspaper located in the area that the petitioner is found or if there is no newspaper then a newspaper of general circulation. The notice shall be published at least three weeks before the appointed day.
Section | Notice | Where | When |
|---|---|---|---|
15-17-420 | A public notice for the summons of creditors | A newspaper where the petitioner is found or a newspaper with general circulation if there is no such newspaper | At least three weeks before the appointed day. |
Exact wording:
“Upon such petition the clerk shall, by order or rule, cause the petitioner to be brought before the court and also the creditors at whose suit such person shall stand charged, as well as all other creditors to whom he shall be indebted, to be summoned by public notice, to be given three weeks at least in some newspaper of the county wherein the debtor is confined and, if there be no newspaper published in such county, then in some newspaper of general circulation therein, personally or by their attorney, to appear before him at a day for that purpose appointed at or after the expiration of such period of three weeks.”
Legal Notices
“State and county officials authorized by law to publish advertisements in the newspapers of this State, including advertisements of sales of real and personal property by masters, clerks of court, judges of probate and sheriffs, citations, notices to creditors, notices of final settlement by executors, administrators, guardians and all other persons acting in a fiduciary capacity, service of summons by publication, notices of election ordered by commissioners, reports of county treasurers, supervisors and superintendents of education, notices of county auditors, proclamations of the executive department, proposals for works and supplies by the head of departments or other officials authorized to advertise for competitive bids and all other advertising whatever done by order of court or by State and county officials (see 15-29-80)”
Publication of a legal notice for three successive weeks
15-29-30
If sixteen days has passed from the first date of publication and on or before the date that the notice is fixed of a legal notice then three successive weeks in a newspaper shall be sufficient for the required three weeks or twenty-one days of publication.
Section | Notice | Where | When |
|---|---|---|---|
15-29-30 | A legal notice that requires three weeks or twenty-one days of publication | A newspaper | If sixteen days has passed on the first date of the publication then three successive weeks shall be sufficient |
Exact wording:
“When the statute requires a notice to be published in a newspaper for three weeks or twenty-one days the publication of such notice in three successive weeks shall be sufficient if at least sixteen days shall have expired after the date of the first publication and on or before the date fixed for the doing of the thing of which notice is given.”
Publication of a legal notice for two successive weeks
15-29-40
If eight days has passed from the first date of publication of a legal notice and on or before the date that the notice is fixed then two successive weeks in a newspaper shall be sufficient for the required two weeks or fifteen days of publication.
Section | Notice | Where | When |
|---|---|---|---|
15-29-40 | A legal notice that requires two weeks or fifteen days of publication | A newspaper | If eight days has passed from the first date of publication then two successive weeks in a newspaper shall be sufficient |
Exact wording:
“When it is required that notice be published in a newspaper for two weeks or fifteen days the publication of such notice in two successive weeks shall be sufficient if at least eight days shall have expired after the date of the first publication and on or before the date fixed for the doing of the thing for which notice is given.”
Publication for one week
15-29-50
When a legal notice requires one week then the notice should be published at least six days after the date fixed.
Section | Notice | Where | When |
|---|---|---|---|
15-29-50 | A legal notice requiring one week of publication | A newspaper | At least six days after the date fixed |
Exact wording:
“When it is required that notice be published in a newspaper for one week the first publication of such notice shall precede the date fixed for the doing of the thing at least six days.”
Probate notices or citations that do not need to be published
15-29-70
It is not necessary to publish a probate notice or citation if the estate is not more than $500.
Section | Notice | Where | When |
|---|---|---|---|
15-29-70 | A probate notice or citation; As long as the estate value does not exceed $500 then it does not need to be published | Any newspaper | The time required by law |
Exact wording:
“It shall not be necessary to publish in any newspaper any notice or citation relating to any estate in the courts of probate when the value of such estate does not exceed five hundred dollars. In such cases the notices required by law shall be posted for the time required by law at the door of the courthouse of the county in which the probate proceeding is filed.”
Charges for legal advertisements in newspapers
15-29-80
Legal advertisements published in South Carolina shall be charged at the newspapers normal rate for display advertising. The legal advertisement must be in six point type if a newspaper does not use six point type, the price should be compensated based on a six point type measure. If placed by an ad agency it may be bigger and is up to the agency.
Section | Notice | Where | When |
|---|---|---|---|
15-29-80 | Legal advertisements | A newspaper in the state of South Carolina | Anytime |
Exact wording:
(legal advertisements)“…shall be charged not more than the local retail display advertising rate shown on the newspaper’s rate card or the rates published in the newspaper, deducting any and all applicable discounts earned by the volume or frequency of the legal advertising. The advertisement shall be set in solid six point type, including the caption and all other parts of the advertisement. Newspapers that do not use six point type shall receive compensation based on six point measure and any lesser measure shall be charged only at actual space measurement as printed; however, agencies placing advertisements may order larger measure at their discretion.”
Charges for legal advertisements (rates for indigents)
15-29-85
A person who is required but not financially able (indigent) to place a legal advertisement is to be charged a $1 per inch for the first placement $.50 per inch for any additional placements.
Section | Notice | Where | When |
|---|---|---|---|
15-29-85 | Legal advertisements when a person is not financially sound | A newspaper in the state of South Carolina | Anytime |
Exact wording:
“Notwithstanding other provisions of Section 15-29-80 with regard to legal advertising rates, any person required to publish a summons or other legal notice who qualifies as an indigent shall not be charged an amount exceeding one dollar per inch for the first insertion and not exceeding fifty cents per inch for each subsequent insertion of that legal advertisement. Advertisements published under the provisions of this section shall comply with the layout requirements set forth in Section 15-29-80 with charges calculated in accordance with the measurement provisions set forth therein. As used in this section “indigent” means a person whose legal assistance is paid for with public funds or who would be qualified for such assistance in the proceeding which requires publication of the legal notice concerned.”
Posting of legal advertisements in public places if refusal by a newspaper
15-29-100
If a newspaper refuses to publish advertisements at the set rates then the advertisements must be posted in at least three public places in the county, one being at door of the courthouse.
Section | Notice | Where | When |
|---|---|---|---|
15-29-100 | Legal advertisement that have been refused publication by a newspaper | Three public places | Based on the refusal of a newspaper |
Exact wording:
“If the proprietors or managers of the newspapers in any county shall refuse to insert such advertisements in their newspapers at the rates allowed in Section 15-29-80 such notices shall be posted in at least three public places in the county, one of which shall be at the courthouse door.”
Judgment and Decrees
Notice of application for the discharge of bankrupts from judgments
15-35-640
In a case where a judgment creditor or his attorney cannot find a creditors residence or place of business, the creditor is a nonresident and his attorney his dead, cannot be found or has been removed from the State then a notice of application may be published. The placement shall occur once a week for no more than three weeks in newspaper decided upon by a judge of the court.
Section | Notice | Where | When |
|---|---|---|---|
15-35-640 | A notice of the application of a judgment creditor if a creditor cannot be found | A newspaper decided upon by the judge of court | Once a week for no more than three weeks |
Exact wording:
“Notice of the application, accompanied with copies of the papers upon which it is made, must be served upon the judgment creditor or his attorney of record in the judgment, in the same manner as provided in the rules of the circuit courts of this State for the service of process, if the residence or place of business of such creditor or his attorney is known. But if such residence or place of business is unknown and cannot be ascertained after due diligence or if such creditor is a nonresident of this State and if his attorney is dead, removed from or cannot be found within the State, upon proof of such facts by affidavit, a judge of the court may make an order that the notice of such application be published in a newspaper designated therein once a week for not more than three weeks. Such publication, shown by the affidavit of the publisher, shall be sufficient service upon such judgment creditor of the application.”
Judicial Sales
Publication and contents of the advertisement of sale on property under execution
15-39-660
An advertisement of sale that is published on property that has been taken under execution should be done so in a gazette in the county that it is taking place in. The sheriff should state in the advertisement the property that is to be sold, the time and place, the name of the owner of such property and the party where the sale is to be made. The notice shall be placed for three weeks prior to the sale and for fifteen days if it is personal property (15-39-650.)
Section | Notice | Where | When |
|---|---|---|---|
15-39-660 | An advertisement of sale on property that has been taken under execution | A gazette within the county | Three weeks prior to sale date or fifteen days prior if it is personal property
(15-39-650) |
Exact wording:
“The sheriff shall specify in the advertisement the property to be sold, the time and place of sale, the name of the owner of the property and the party at whose suit the sale is to be made and shall publish the advertisement at three public places in the county, one of which shall be at the courthouse door, and publication shall also be made in some gazette, as provided in Section 1539650, before the day of sale, if the sale is to be made in a county in which a newspaper may be printed.”
Service on unknown parties; Notice of lis pendens (def: pending a lawsuit nothing should be changed)
15-67-40
A plaintiff that is involved in an action on adverse claims to “real property” may add a statement in their affidavit for any unknown parties to step forward. The statement may read as follows, “Also all other persons unknown, claiming any right, title, estate, interest in or lien upon the real estate described in the complaint herein.” The affidavit shall be published in the same newspaper as the claim.
Section | Notice | Where | When |
|---|---|---|---|
15-67-40 | A notice of lis pendens or the addition of adding a title for unknown parties to the advertisement of sale of property taken under execution. The statement should read as follows, Also all other persons | The same newspaper as the claim | Upon the filing of an affidavit |
Exact wording:
“In any action brought to determine adverse claims to real property within this State the plaintiff may insert in the title thereof, in addition to the names of such persons as are known or appear of record to have some right, title, interest, estate or lien in or on the real property in controversy, the following: “Also all other persons unknown, claiming any right, title, estate, interest in or lien upon the real estate described in the complaint herein.” Service of the summons may be had upon all such unknown persons defendant by publication in the same manner as against nonresident defendants, upon the filing of an affidavit of the plaintiff, his agent or attorney, stating the existence of a cause of action to try adverse claims within this State. The plaintiff shall before commencement of such publication file with the clerk of the court a notice of the pendency of the action, a copy of which shall be published in the same newspaper with and immediately following the summons.”
Notice of the lack of payment on required premium of an agency or political subdivision in reference to insurance coverage
15-78-160
If there is a failure of payment on a required premium by an agency or political subdivision then a notice must be published on the termination of the insurance coverage by The State Fiscal Accountability Authority. The notice must be published at least thirty days prior to the cancellation of the overage in a newspaper of regular circulation the county.
Section | Notice | Where | When |
|---|---|---|---|
15-78-160 | A notice of impending termination on insurance coverage | A newspaper of regular circulation in the county where the party is located | Not less than thirty days prior to the termination |
Exact wording:
“If an agency or political subdivision fails to pay any required premium within sixty days from the date the premium is invoiced, the State Fiscal Accountability Authority may cancel the policy for nonpayment of premium by mailing a notice of cancellation giving not less than thirty days’ notice of the cancellation to the delinquent agency or political subdivision. Prior to the termination of the insurance coverage, notice of the impending termination also must be published in a newspaper of regular circulation in the county where the insured’s headquarters is located. The State Fiscal Accountability Authority is not liable for any risk or loss occurring after the effective date of the cancellation.”
Find out more about public notices
SCPA offers a compendium of public notice/legal advertising laws including exact wording and details on when and where an ad has to be run. Organized by topic, this resource is the best way to navigate our state’s public notice laws.