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Small Claims Service Requirements
Summary
In South Carolina, plaintiffs have 120 days to serve defendants in small claims cases. If not served, the case may be dismissed. In North Carolina, the service period is 60 days. Without an extension, the case may remain pending until a Motion to Dismiss is filed. Check court records for updates.Full Conversation
If someone files a case in small claims against me and I have not been. notified or served what does that mean?
Hi ****,
If you have not been notified or served with a small claims court case in South Carolina, it means:
- The court hasn't officially informed you about the lawsuit.
- You are not yet required to respond or appear in court.
- The case cannot proceed until you are properly served.
Do you know if the person attempting to sue you has your correct address?
If you have not been notified or served with a small claims court case in South Carolina, it means:
- The court hasn't officially informed you about the lawsuit.
- You are not yet required to respond or appear in court.
- The case cannot proceed until you are properly served.
Do you know if the person attempting to sue you has your correct address?
What if it has been 5 months since something was filed by the plaintiff
Hi ****,
If it has been 5 months since the plaintiff filed the case and you have not been served, it could mean:
- The plaintiff may be having difficulty locating you.
- The case may be dismissed if the plaintiff fails to serve you within a reasonable time.
Would you like to know how long the plaintiff has to serve you in South Carolina?
If it has been 5 months since the plaintiff filed the case and you have not been served, it could mean:
- The plaintiff may be having difficulty locating you.
- The case may be dismissed if the plaintiff fails to serve you within a reasonable time.
Would you like to know how long the plaintiff has to serve you in South Carolina?
yes
Hi ****,
In South Carolina, the plaintiff generally has 120 days (about 4 months) from the date the lawsuit was filed to serve you with the court papers. If they fail to do so, the case may be dismissed. If you have further questions or need more information, feel free to ask!
In South Carolina, the plaintiff generally has 120 days (about 4 months) from the date the lawsuit was filed to serve you with the court papers. If they fail to do so, the case may be dismissed. If you have further questions or need more information, feel free to ask!
Would it say in court documents if they will attempt to have me served again?
Hi ****,
Court documents may not specifically state if they will attempt to serve you again. However, if the plaintiff requests an extension to serve you beyond the *-day period, it may be documented in court records.
Would you like information on how to check court documents or contact the court for details?
Court documents may not specifically state if they will attempt to serve you again. However, if the plaintiff requests an extension to serve you beyond the *-day period, it may be documented in court records.
Would you like information on how to check court documents or contact the court for details?
What if there is a judgement number
Hi ****,
If there is a judgment number, it usually indicates that the court has issued a judgment in the case. However, if you were not served, you may have grounds to challenge the judgment.
Would you like information on how to challenge a judgment or check the court records?
If there is a judgment number, it usually indicates that the court has issued a judgment in the case. However, if you were not served, you may have grounds to challenge the judgment.
Would you like information on how to challenge a judgment or check the court records?
How would I have a judgment if I was not served or even notified at any capacity something had even been filed
Hi ****,
If you have a judgment against you without being served or notified, you may challenge it by:
- Filing a "Motion to Set Aside Default Judgment" with the court.
- Providing evidence that you were not properly served.
Would you like more details on filing this motion?
If you have a judgment against you without being served or notified, you may challenge it by:
- Filing a "Motion to Set Aside Default Judgment" with the court.
- Providing evidence that you were not properly served.
Would you like more details on filing this motion?
what If my birthday is wrong on court records when the claim was filed
Hi ****,
If your birthday is wrong on court records when the claim was filed, you can:
- Mention the incorrect information in your "Motion to Set Aside Default Judgment."
- Provide evidence to correct your personal information.
Would you like more details on how to file this motion or correct your records?
If your birthday is wrong on court records when the claim was filed, you can:
- Mention the incorrect information in your "Motion to Set Aside Default Judgment."
- Provide evidence to correct your personal information.
Would you like more details on how to file this motion or correct your records?
what if it says judgement amount $*?
Hi ****,
If the judgment amount is $*, it means no monetary damages have been awarded against you. However, it's still important to address the judgment to clear your record. Would you like more details on how to address or challenge this judgment in South Carolina?
If the judgment amount is $*, it means no monetary damages have been awarded against you. However, it's still important to address the judgment to clear your record. Would you like more details on how to address or challenge this judgment in South Carolina?
what if it has been three months since the action and 5 months since filing?
Hi ****,
If it has been three months since the action and five months since the filing, it suggests that the plaintiff might have requested an extension to serve you. To verify, you can:
- Check court records for any extension requests.
- Contact the court for specific details.
Would you like more information on how to check court records or contact the court?
If it has been three months since the action and five months since the filing, it suggests that the plaintiff might have requested an extension to serve you. To verify, you can:
- Check court records for any extension requests.
- Contact the court for specific details.
Would you like more information on how to check court records or contact the court?
would an extension request be under the tab actions?
Hi ****,
Yes, an extension request would typically be listed under the "Actions" tab in court records. This tab usually includes all motions, filings, and requests made in the case.
Would you like more information on how to access or interpret court records in South Carolina?
Yes, an extension request would typically be listed under the "Actions" tab in court records. This tab usually includes all motions, filings, and requests made in the case.
Would you like more information on how to access or interpret court records in South Carolina?
what would it say suggesting an extension request was made
Hi ****,
An extension request in court records might say something like:
- "Motion for Extension of Time to Serve Defendant"
- "Request for Additional Time to Effect Service"
- "Order Granting Extension of Time"
Would you like more information on how to access or interpret these records?
An extension request in court records might say something like:
- "Motion for Extension of Time to Serve Defendant"
- "Request for Additional Time to Effect Service"
- "Order Granting Extension of Time"
Would you like more information on how to access or interpret these records?
what if there isn't any of that
Hi ****,
If there isn't any record of an extension request, it could mean:
- The plaintiff did not request additional time to serve you.
- The case might be subject to dismissal if the plaintiff failed to serve you within the required 120 days.
Would you like more information on how to check if the case has been dismissed?
If there isn't any record of an extension request, it could mean:
- The plaintiff did not request additional time to serve you.
- The case might be subject to dismissal if the plaintiff failed to serve you within the required 120 days.
Would you like more information on how to check if the case has been dismissed?
yes
Hi ****,
To check if the case has been dismissed in South Carolina, you can:
- Visit the court's website to search for case information online.
- Contact the court clerk directly for the status of your case.
Would you like detailed steps on how to perform an online search or the contact information for the court?
To check if the case has been dismissed in South Carolina, you can:
- Visit the court's website to search for case information online.
- Contact the court clerk directly for the status of your case.
Would you like detailed steps on how to perform an online search or the contact information for the court?
online
Hi ****,
To perform an online search for case information in South Carolina, you can:
*. Visit the South Carolina Judicial Department's website.
*. Use the public index search to enter your case details and check the status.
Would you like detailed instructions on navigating the website?
To perform an online search for case information in South Carolina, you can:
*. Visit the South Carolina Judicial Department's website.
*. Use the public index search to enter your case details and check the status.
Would you like detailed instructions on navigating the website?
how long do you have before you can't file anything in small claims court
Hi ****,
In South Carolina, the statute of limitations for filing a small claims case varies depending on the type of claim:
- **Contract disputes:** 3 years
- **Property damage:** 3 years
- **Personal injury:** 3 years
Would you like more information on a specific type of claim?
In South Carolina, the statute of limitations for filing a small claims case varies depending on the type of claim:
- **Contract disputes:** 3 years
- **Property damage:** 3 years
- **Personal injury:** 3 years
Would you like more information on a specific type of claim?
what if it is money owed
Hi ****,
If it's money owed, it would typically fall under a contract dispute. In South Carolina, you generally have 3 years to file a claim for money owed.
Would you like more information on how to file a small claims case for money owed?
If it's money owed, it would typically fall under a contract dispute. In South Carolina, you generally have 3 years to file a claim for money owed.
Would you like more information on how to file a small claims case for money owed?
what if court documents say that the status as well as the disposition are non service
Hi ****,
If the court documents indicate that the status and disposition are "non service," it means:
- The defendant has not been successfully served with the court papers.
- The case may not proceed until proper service is achieved.
Would you like information on what steps you can take next?
If the court documents indicate that the status and disposition are "non service," it means:
- The defendant has not been successfully served with the court papers.
- The case may not proceed until proper service is achieved.
Would you like information on what steps you can take next?
How long from filing do you have to get someone served
Hi ****,
In South Carolina, the plaintiff generally has 120 days (about 4 months) from the date the lawsuit was filed to serve you with the court papers. If they fail to do so, the case may be dismissed.
Would you like more information on what happens if the plaintiff misses this deadline?
In South Carolina, the plaintiff generally has 120 days (about 4 months) from the date the lawsuit was filed to serve you with the court papers. If they fail to do so, the case may be dismissed.
Would you like more information on what happens if the plaintiff misses this deadline?
what if it was filed on July * and it is now December *?
Hi ****,
If the case was filed on July * and it is now December *, it has exceeded the *-day period for service. The plaintiff should have served you by now. The case may be subject to dismissal for lack of service.
Would you like to know how to check if the case has been dismissed?
If the case was filed on July * and it is now December *, it has exceeded the *-day period for service. The plaintiff should have served you by now. The case may be subject to dismissal for lack of service.
Would you like to know how to check if the case has been dismissed?
Could I get served after the alotted 120 days?
Hi ****,
Yes, you could still be served after the allotted 120 days if the plaintiff requested and was granted an extension by the court. To verify this, you can check the court records for any extension requests.
Would you like more information on how to check court records for these details?
Yes, you could still be served after the allotted 120 days if the plaintiff requested and was granted an extension by the court. To verify this, you can check the court records for any extension requests.
Would you like more information on how to check court records for these details?
What if there isn't one? The last thing it says is action */*/*
Hi ****,
If the last action was on */*/* and there is no record of an extension request, the case may be subject to dismissal for lack of service. You might want to contact the court to confirm the status of the case.
Would you like steps on how to contact the court?
If the last action was on */*/* and there is no record of an extension request, the case may be subject to dismissal for lack of service. You might want to contact the court to confirm the status of the case.
Would you like steps on how to contact the court?
what if it has been a year and a half since a claim was filed and I haven''t been notified or served?
Hi ****,
If it's been a year and a half since the claim was filed and you haven't been notified or served, it's likely the case may be dismissed for lack of service. You should:
- Check court records to confirm the status of the case.
- Contact the court to verify if the case has been dismissed.
Would you like more details on how to check court records or contact the court?
If it's been a year and a half since the claim was filed and you haven't been notified or served, it's likely the case may be dismissed for lack of service. You should:
- Check court records to confirm the status of the case.
- Contact the court to verify if the case has been dismissed.
Would you like more details on how to check court records or contact the court?
What if the claim was filed in SC */*/* and I was not served or notified then the same claim was filed in NC on */*/*
Hi ****,
If the claim was filed in SC on */*/* and you weren't served or notified, and the same claim was filed in NC on */*/*, you should:
- Verify the status of the SC case to check if it was dismissed.
- Confirm the details of the NC case to understand your obligations.
Would you like information on how to check the status of the SC case?
If the claim was filed in SC on */*/* and you weren't served or notified, and the same claim was filed in NC on */*/*, you should:
- Verify the status of the SC case to check if it was dismissed.
- Confirm the details of the NC case to understand your obligations.
Would you like information on how to check the status of the SC case?
What if the claim was filed in SC */*/* and I was not served or notified then the same claim was filed in NC on */*/* and has my old address from NC attached to it?
Hi ****,
If the claim in SC was filed on */*/* and you weren't served, and then the same claim was filed in NC on */*/* using your old address, you should:
- Verify the status of the SC case to ensure it was dismissed.
- Confirm the details of the NC case to understand your obligations and address the incorrect address issue.
Would you like steps on how to verify the status of the SC case?
If the claim in SC was filed on */*/* and you weren't served, and then the same claim was filed in NC on */*/* using your old address, you should:
- Verify the status of the SC case to ensure it was dismissed.
- Confirm the details of the NC case to understand your obligations and address the incorrect address issue.
Would you like steps on how to verify the status of the SC case?
I haven't been notified or served anything from NC
Hi ****,
If you haven't been notified or served with anything from NC, it means:
- The NC court hasn't officially informed you about the lawsuit.
- No legal obligation to respond or appear in NC court yet.
- The case cannot proceed until you are properly served.
Would you like to know how to check if the NC case has been filed?
If you haven't been notified or served with anything from NC, it means:
- The NC court hasn't officially informed you about the lawsuit.
- No legal obligation to respond or appear in NC court yet.
- The case cannot proceed until you are properly served.
Would you like to know how to check if the NC case has been filed?
How would they serve me if my address is wrong?
Hi ****,
If your address is wrong on the court documents, the plaintiff may have difficulty serving you. Service might be attempted through:
- **Alternative methods:** Such as publication in a local newspaper.
- **Finding your current address:** Using public records or hiring a private investigator.
Would you like more details on alternative service methods in South Carolina?
If your address is wrong on the court documents, the plaintiff may have difficulty serving you. Service might be attempted through:
- **Alternative methods:** Such as publication in a local newspaper.
- **Finding your current address:** Using public records or hiring a private investigator.
Would you like more details on alternative service methods in South Carolina?
in
Hi ****,
If the plaintiff cannot serve you due to an incorrect address, they may:
- Attempt service through publication in a local newspaper.
- Request the court for permission to use alternative service methods.
- Attempt to find your current address through public records or by hiring a private investigator.
Would you like more details on what to expect if alternative service methods are used?
If the plaintiff cannot serve you due to an incorrect address, they may:
- Attempt service through publication in a local newspaper.
- Request the court for permission to use alternative service methods.
- Attempt to find your current address through public records or by hiring a private investigator.
Would you like more details on what to expect if alternative service methods are used?
In NC how long does something have to serve you from the filing date
Hi ****,
In North Carolina, the plaintiff generally has 60 days from the filing date to serve you with court papers. If they fail to serve you within this time, they may request an extension from the court.
Would you like more information on how to check if an extension was requested?
In North Carolina, the plaintiff generally has 60 days from the filing date to serve you with court papers. If they fail to serve you within this time, they may request an extension from the court.
Would you like more information on how to check if an extension was requested?
yes
Hi ****,
To check if an extension was requested in North Carolina, you can:
*. Visit the North Carolina court's website.
*. Use the public index search to enter your case details.
*. Look under the "Actions" tab for any extension requests or related entries.
Would you like detailed instructions on navigating the website?
To check if an extension was requested in North Carolina, you can:
*. Visit the North Carolina court's website.
*. Use the public index search to enter your case details.
*. Look under the "Actions" tab for any extension requests or related entries.
Would you like detailed instructions on navigating the website?
the last thing under case actions is return of service - unserved from */*/*
Hi ****,
If the last action states "return of service - unserved" from */*/*, it means the plaintiff attempted to serve you but was unsuccessful. The case might be dismissed if they don't request an extension or alternative service.
Would you like more information on what steps to take next in this situation?
If the last action states "return of service - unserved" from */*/*, it means the plaintiff attempted to serve you but was unsuccessful. The case might be dismissed if they don't request an extension or alternative service.
Would you like more information on what steps to take next in this situation?
would a request for an extension be on court records
Hi ****,
Yes, a request for an extension would typically be documented in court records. It might be listed under the "Actions" tab and could be titled "Motion for Extension of Time" or something similar.
Would you like more information on how to access or interpret these records?
Yes, a request for an extension would typically be documented in court records. It might be listed under the "Actions" tab and could be titled "Motion for Extension of Time" or something similar.
Would you like more information on how to access or interpret these records?
what if there is nothing that says that?
Hi ****,
If there is nothing in the court records indicating a request for an extension, it suggests:
- The plaintiff did not request additional time.
- The case might be subject to dismissal for lack of service.
Would you like to know how to confirm if the case has been dismissed?
If there is nothing in the court records indicating a request for an extension, it suggests:
- The plaintiff did not request additional time.
- The case might be subject to dismissal for lack of service.
Would you like to know how to confirm if the case has been dismissed?
can you confirm it online?
Hi ****,
To confirm if the case has been dismissed online in South Carolina, you can:
*. Visit the South Carolina Judicial Department's website.
*. Use the public index search to enter your case details.
*. Check the case status for any dismissal information.
Would you like detailed instructions on navigating the website?
To confirm if the case has been dismissed online in South Carolina, you can:
*. Visit the South Carolina Judicial Department's website.
*. Use the public index search to enter your case details.
*. Check the case status for any dismissal information.
Would you like detailed instructions on navigating the website?
in NC
Hi ****,
To confirm if the case has been dismissed online in North Carolina, you can:
*. Visit the North Carolina Judicial Branch website.
*. Use the public index or case search feature to enter your case details.
*. Check the case status for any dismissal information.
Would you like detailed instructions on navigating the North Carolina Judicial Branch website?
To confirm if the case has been dismissed online in North Carolina, you can:
*. Visit the North Carolina Judicial Branch website.
*. Use the public index or case search feature to enter your case details.
*. Check the case status for any dismissal information.
Would you like detailed instructions on navigating the North Carolina Judicial Branch website?
in NC if it was filed on */*/* and it is now */*/* with no extension request and it says pending what does that mean
Hi ****,
If the case was filed on */*/* in NC and it is now */*/* with no extension request and the status is "pending," it means:
- The case is still open but the plaintiff has not completed the service process.
- The case may be subject to dismissal soon.
Would you like more information on how to potentially expedite the dismissal process?
If the case was filed on */*/* in NC and it is now */*/* with no extension request and the status is "pending," it means:
- The case is still open but the plaintiff has not completed the service process.
- The case may be subject to dismissal soon.
Would you like more information on how to potentially expedite the dismissal process?
yes
Hi ****,
To potentially expedite the dismissal process in North Carolina, you can:
- **File a Motion to Dismiss:** Request the court to dismiss the case due to the plaintiff's failure to serve you within the required time frame.
- **Contact the Court Clerk:** Inquire about the status and request guidance on submitting the motion.
Would you like more details on how to file a Motion to Dismiss?
To potentially expedite the dismissal process in North Carolina, you can:
- **File a Motion to Dismiss:** Request the court to dismiss the case due to the plaintiff's failure to serve you within the required time frame.
- **Contact the Court Clerk:** Inquire about the status and request guidance on submitting the motion.
Would you like more details on how to file a Motion to Dismiss?
If the plaintiff has 60 days to serve me and they haven't requested an extension, shouldn't in automatically be dismissed?
Hi ****,
In North Carolina, if the plaintiff has 60 days to serve you and hasn't requested an extension, the case may be subject to dismissal. However, it might not automatically dismiss; you may need to file a Motion to Dismiss due to lack of service.
Would you like more details on how to file this motion?
In North Carolina, if the plaintiff has 60 days to serve you and hasn't requested an extension, the case may be subject to dismissal. However, it might not automatically dismiss; you may need to file a Motion to Dismiss due to lack of service.
Would you like more details on how to file this motion?
How long can it say pending before it is dismissed?
Hi ****,
In North Carolina, if a case is still "pending" after the service period has expired and no extension was requested, it may remain pending until a Motion to Dismiss is filed. It is not automatically dismissed.
Would you like steps on how to file a Motion to Dismiss?
In North Carolina, if a case is still "pending" after the service period has expired and no extension was requested, it may remain pending until a Motion to Dismiss is filed. It is not automatically dismissed.
Would you like steps on how to file a Motion to Dismiss?
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