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Unlawful Detainer Case Jurisdiction
Summary
An unlawful detainer is a legal action for eviction, typically filed in the state where the property is located. Money is considered property in legal terms. Civil matters involving money are handled as small claims or civil lawsuits. Filing the same case in two states is generally not valid due to jurisdiction rules. If not served, a case may be delayed or dismissed. Inactivity can lead to dismissal after 6-12 months. A judgment number indicates a ruling. Lack of service can lead to vacating a default judgment. If dismissed, a new claim must be filed. Check case status online or contact the court.Full Conversation
what is an unlawful retainer
Hi ****! An unlawful detainer is a legal action by a landlord to evict a tenant from rental property. It typically occurs when the tenant remains in the property without the landlord's permission after their lease has expired or after failing to comply with the lease terms.
Do you need more information about how unlawful detainer proceedings work in South Carolina?
Do you need more information about how unlawful detainer proceedings work in South Carolina?
would money be considered a property
Hi ****! In the context of legal terms, money is generally considered a form of property as it has value and can be owned. If you're referring to a specific situation, could you provide more details so I can assist you better?
can someone file an unlawful detainer on someone in two separate states?
Hi ****! Generally, an unlawful detainer action must be filed in the state where the rental property is located. It is a matter of jurisdiction, and each state typically has its own procedures for eviction.
Do you need more information on how to file an unlawful detainer in South Carolina?
Do you need more information on how to file an unlawful detainer in South Carolina?
what if it is a civil matter of money
Hi ****! If it's a civil matter involving money, it would likely be handled as a small claims case or another civil lawsuit rather than an unlawful detainer action.
- In South Carolina, small claims courts handle cases involving amounts up to $*,*.
- You may need to file a complaint in the county where the defendant resides or where the transaction occurred.
Do you need more information on how to proceed with a small claims case in South Carolina?
- In South Carolina, small claims courts handle cases involving amounts up to $*,*.
- You may need to file a complaint in the county where the defendant resides or where the transaction occurred.
Do you need more information on how to proceed with a small claims case in South Carolina?
What if someone files an unlawful retainer in NC but files the exact thing in a different state too?
Hi ****! Generally, an unlawful detainer action must be filed in the state where the rental property is located. Filing the same action in two different states is not typically valid as each state has its jurisdiction.
- Do you need help with a specific situation in South Carolina?
- Do you need help with a specific situation in South Carolina?
would there be a reason that there is one filed in North Carolina and another in South Carolina
Hi ****! There could be various reasons for filing similar actions in different states, such as:
- The rental properties are located in both states.
- The parties involved have connections to both states.
Could you provide more details about your situation to clarify this?
- The rental properties are located in both states.
- The parties involved have connections to both states.
Could you provide more details about your situation to clarify this?
I had a civil case for a refund of *$ filed against me in NC and I recently found out the same thing was filed in SC as well. I used to live in NC when that was filed but haven't gotten served for either. The court record online says both are pending
Hi ****! It seems like you have two separate civil cases for the same issue filed in two states. Here’s what you need to know:
- Typically, the same case should not be filed in two states.
- Jurisdiction is important; the case should be handled where the transaction or agreement took place or where the defendant resides.
Would you like information on how to address this issue in South Carolina?
- Typically, the same case should not be filed in two states.
- Jurisdiction is important; the case should be handled where the transaction or agreement took place or where the defendant resides.
Would you like information on how to address this issue in South Carolina?
who is the defendant
Hi ****! The defendant is the person or party being sued or accused in a legal case. In your situation, since the civil case for the refund is filed against you, you are the defendant.
Would you like more information on how to handle the civil cases in South Carolina?
Would you like more information on how to handle the civil cases in South Carolina?
If I wasn't served before the court date and the date has been passed what would the next step for them to do
Hi ****! If you weren't served before the court date and it has passed, the plaintiff can request the court to reschedule the hearing or have you served again.
Would you like to know how to respond if you get served in South Carolina?
Would you like to know how to respond if you get served in South Carolina?
If it was months ago and I have not been served or contacted by anyone what does that mean>?
Hi ****! If it has been months and you haven't been served or contacted, it could mean:
- The plaintiff may have not been able to locate you.
- The case could be pending or delayed.
- The court might dismiss the case for lack of service.
Would you like more details on how to check the status of your case in South Carolina?
- The plaintiff may have not been able to locate you.
- The case could be pending or delayed.
- The court might dismiss the case for lack of service.
Would you like more details on how to check the status of your case in South Carolina?
what is lack of service
Hi ****! Lack of service means that the defendant (you) has not been formally notified of the legal action against them. Without proper service, the court may dismiss the case.
Would you like to know how to check the status of your case in South Carolina?
Would you like to know how to check the status of your case in South Carolina?
yes and in NC
Hi ****! To check the status of your case in South Carolina and North Carolina, you can:
~South Carolina:~
- Visit the South Carolina Judicial Department's website.
- Use the Public Index Search to find case information.
- Visit the South Carolina Judicial Department's website.
- Use the Public Index Search to find case information.
~North Carolina:~
- Visit the North Carolina Courts website.
- Use the Online Services portal to search for case details.
Would you like assistance with anything else?
- Visit the North Carolina Courts website.
- Use the Online Services portal to search for case details.
Would you like assistance with anything else?
What if online court records say pending for 6 months?
Hi ****! If the online court records say "pending" for 6 months, it could mean:
- The case is still active but awaiting further action.
- There might be a backlog in the court system.
- The plaintiff has not taken the necessary steps to proceed.
Would you like to know how to follow up on your case status?
- The case is still active but awaiting further action.
- There might be a backlog in the court system.
- The plaintiff has not taken the necessary steps to proceed.
Would you like to know how to follow up on your case status?
what does this mean Do not proceed to enter judgment in a non-criminal case in which the defendant has not made an appearance until a
Servicemembers Civil Relief Act affidavit or declaration (whether on this form or not) has been filed, and if it appears that
the defendant is in military service, do not proceed to enterjudgment until such time that you have appointed an attorney
to represent him or her.?
Hi ****! This means:
- Before entering a judgment in a non-criminal case, the court must check if the defendant is in military service.
- An affidavit or declaration must be filed to confirm the defendant's military status.
- If the defendant is in military service, an attorney must be appointed to represent them before proceeding with judgment.
Do you need more information on how this process works in South Carolina?
- Before entering a judgment in a non-criminal case, the court must check if the defendant is in military service.
- An affidavit or declaration must be filed to confirm the defendant's military status.
- If the defendant is in military service, an attorney must be appointed to represent them before proceeding with judgment.
Do you need more information on how this process works in South Carolina?
what does Return of Service mean in court documents
Hi ****! "Return of Service" in court documents means:
- A proof document filed by the process server.
- It confirms the defendant was properly served with legal papers.
- It details how, when, and to whom the papers were delivered.
Would you like more details on the service process in South Carolina?
- A proof document filed by the process server.
- It confirms the defendant was properly served with legal papers.
- It details how, when, and to whom the papers were delivered.
Would you like more details on the service process in South Carolina?
What if I wasn't served?
Hi ****! If you weren't served, here’s what you need to know:
- The case may be delayed or dismissed for lack of proper service.
- The plaintiff might attempt to serve you again.
- You can check the case status or contact the court for more information.
Would you like details on how to check your case status in South Carolina?
- The case may be delayed or dismissed for lack of proper service.
- The plaintiff might attempt to serve you again.
- You can check the case status or contact the court for more information.
Would you like details on how to check your case status in South Carolina?
it is in NC
Hi ****! For a case in North Carolina, here’s what you can do if you weren't served:
- Check the case status on the North Carolina Courts website.
- The case may be delayed or dismissed for lack of proper service.
- Contact the court directly for more information.
Would you like assistance with anything else?
- Check the case status on the North Carolina Courts website.
- The case may be delayed or dismissed for lack of proper service.
- Contact the court directly for more information.
Would you like assistance with anything else?
how long would a case stay open in small claims court when I haven't been served since it was filed in July
Hi ****! In South Carolina, a small claims case may stay open for a while if the defendant hasn't been served. However, the court might eventually dismiss the case for lack of proper service.
Would you like to know how to check the status of the case in South Carolina?
Would you like to know how to check the status of the case in South Carolina?
in NC if I was not served and court was in August and It is now December what does that mean about the small claims court case?
Hi ****! If you were not served and the court date was in August, it means:
- The case might still be pending if you haven't been properly served.
- The court could eventually dismiss the case for lack of service.
- The plaintiff might attempt to serve you again.
Would you like to know how to check the status of your case in North Carolina?
- The case might still be pending if you haven't been properly served.
- The court could eventually dismiss the case for lack of service.
- The plaintiff might attempt to serve you again.
Would you like to know how to check the status of your case in North Carolina?
How long would they keep it pending before it is dismissed?
Hi ****! In North Carolina, a small claims case can remain pending for several months if the defendant hasn't been served. However, the court may eventually dismiss the case if there is no progress. Typically, this could happen after *-12 months of inactivity.
Would you like more information on how to check your case status?
Would you like more information on how to check your case status?
In court documents would it say if they requested I be served at a different location after the first attempt to serve me?
Hi ****! Yes, court documents would typically note if the plaintiff requested you be served at a different location after the first attempt. This information is usually included in the "Return of Service" or a subsequent filing by the plaintiff.
Would you like more details on how to track these documents in South Carolina?
Would you like more details on how to track these documents in South Carolina?
what is meant by subsequent filing
Hi ****! A "subsequent filing" refers to any document or motion filed with the court after the initial complaint. This can include responses, requests for additional actions, or updates on attempts to serve the defendant.
Would you like more information on specific types of subsequent filings?
Would you like more information on specific types of subsequent filings?
If a request is made by the plaintiff to have me served again would that be documented
Hi ****! Yes, if the plaintiff requests to have you served again, it will be documented in the court records. This request is typically included in the case file and may be noted in the "Return of Service" or a subsequent filing.
Would you like more information on how to check these documents in South Carolina?
Would you like more information on how to check these documents in South Carolina?
what if it says return of service unserved- unserved from 4 months ago
Hi ****! If the "Return of Service" says "unserved" from 4 months ago, it means the process server was unable to deliver the legal documents to you. The case may still be pending, and the plaintiff might attempt to serve you again.
Would you like to know how to check the current status of your case in South Carolina?
Would you like to know how to check the current status of your case in South Carolina?
If they are going to attempt to serve me again would it be on record before I the attempt is made?
Hi ****! Typically, the court records would not show an attempt to serve you before it happens. However, any new "Return of Service" document will be filed after the attempt.
Would you like more details on how to monitor your case status in South Carolina?
Would you like more details on how to monitor your case status in South Carolina?
What if that is all it says and there is no case activity or anything and it has been four months
Hi ****! If there has been no case activity for four months, it could mean:
- The plaintiff hasn't taken further action.
- The case is pending and awaiting the plaintiff's next steps.
- The court hasn't dismissed the case yet for inactivity.
Would you like to know how to check the status of your case in South Carolina?
- The plaintiff hasn't taken further action.
- The case is pending and awaiting the plaintiff's next steps.
- The court hasn't dismissed the case yet for inactivity.
Would you like to know how to check the status of your case in South Carolina?
What is the typical time frame for a case to be dropped due to non activity
Hi ****! In South Carolina, a typical time frame for a case to be dismissed due to inactivity (for lack of prosecution) can be around one year. However, this can vary depending on the court's backlog and procedures.
Would you like more information on how to check the status of your case in South Carolina?
Would you like more information on how to check the status of your case in South Carolina?
in Nc
Hi ****! In North Carolina, a case may be dismissed for lack of activity typically after 12 months of inactivity. However, this can vary based on the court's procedures and workload.
Would you like more information on how to check the status of your case in North Carolina?
Would you like more information on how to check the status of your case in North Carolina?
What if the same case was filed in NC and SC
Hi ****! Here’s what you need to know if the same case was filed in NC and SC:
- Generally, the same case should not be filed in two states.
- Jurisdiction is important; it should be handled where the transaction occurred or where the defendant resides.
- You might need to address both cases separately.
Would you like more information on how to address this in South Carolina?
- Generally, the same case should not be filed in two states.
- Jurisdiction is important; it should be handled where the transaction occurred or where the defendant resides.
- You might need to address both cases separately.
Would you like more information on how to address this in South Carolina?
what is a judgement number
Hi ****! A judgment number is a unique identifier assigned to a court judgment. It is used to track and reference the judgment within the court system.
Would you like more information on how to find or use a judgment number in South Carolina?
Would you like more information on how to find or use a judgment number in South Carolina?
does that mean the judge has ruled something
Hi ****! A judgment number indicates that a judgment has been issued in the case. This means the judge has made a ruling.
Would you like to know how to check the details of the judgment in South Carolina?
Would you like to know how to check the details of the judgment in South Carolina?
What if I as the defendant have not been served or notified but in court records it says the judgment number?
Hi ****! If you have not been served or notified but there is a judgment number in the court records, it could indicate a default judgment. Here’s what you can do:
- Check the court records to confirm the judgment details.
- You may file a motion to vacate the judgment due to lack of service.
Would you like more information on this process in South Carolina?
- Check the court records to confirm the judgment details.
- You may file a motion to vacate the judgment due to lack of service.
Would you like more information on this process in South Carolina?
What would a default judgement be
Hi ****! A default judgment is issued when the defendant fails to respond or appear in court. Here’s what it means:
- The plaintiff wins the case automatically.
- The court orders the defendant to fulfill the judgment terms, such as paying a specified amount.
Would you like more details on addressing a default judgment in South Carolina?
- The plaintiff wins the case automatically.
- The court orders the defendant to fulfill the judgment terms, such as paying a specified amount.
Would you like more details on addressing a default judgment in South Carolina?
What if I haven't even been notified that there is a case at all?
Hi ****! If you haven't been notified about the case at all, it means you were not properly served. Here’s what you can do:
- Check the court records to verify case details.
- File a motion to vacate the default judgment due to lack of service.
Would you like more information on this process in South Carolina?
- Check the court records to verify case details.
- File a motion to vacate the default judgment due to lack of service.
Would you like more information on this process in South Carolina?
What would be the reason something was filed civilly against me in July on the 10th in NC and the same thing is filed in SC a week later
Hi ****! There could be several reasons for filing similar actions in different states:
- The parties involved have connections to both states.
- The plaintiff might be unsure of the proper jurisdiction.
- The plaintiff is attempting to increase the chances of serving you.
Would you like more information on how to address this in South Carolina?
- The parties involved have connections to both states.
- The plaintiff might be unsure of the proper jurisdiction.
- The plaintiff is attempting to increase the chances of serving you.
Would you like more information on how to address this in South Carolina?
what if something was filed in July and It is now the end of December and I have not heard, notified, or served yet
Hi ****! If something was filed in July and you haven't been notified or served by the end of December, it could mean:
- The plaintiff has not been able to locate you.
- The case is pending or delayed.
- The court might dismiss the case for lack of service.
Would you like to know how to check the status of your case in South Carolina?
- The plaintiff has not been able to locate you.
- The case is pending or delayed.
- The court might dismiss the case for lack of service.
Would you like to know how to check the status of your case in South Carolina?
if it is dismissed due to lack of service would the plaintiff have to file a whole new claim
Hi ****! If a case is dismissed due to lack of service, the plaintiff would typically need to file a new claim to pursue the matter again. This involves starting the legal process over from the beginning.
Would you like more information on how to check the status of a dismissed case in South Carolina?
Would you like more information on how to check the status of a dismissed case in South Carolina?
yes
Hi ****! To check the status of a dismissed case in South Carolina, you can:
- Visit the South Carolina Judicial Department's website.
- Use the Public Index Search to find case information.
- Alternatively, contact the court where the case was filed for further details.
Would you like assistance with anything else?
- Visit the South Carolina Judicial Department's website.
- Use the Public Index Search to find case information.
- Alternatively, contact the court where the case was filed for further details.
Would you like assistance with anything else?
why has nothing happened in those four months?
Hi ****! There could be several reasons why nothing has happened in the past four months:
- The plaintiff may not have taken further action.
- The court may have a backlog causing delays.
- The case is pending due to lack of service.
Would you like to know how to follow up on your case status in South Carolina?
- The plaintiff may not have taken further action.
- The court may have a backlog causing delays.
- The case is pending due to lack of service.
Would you like to know how to follow up on your case status in South Carolina?
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