We live in South Carolina and are being harassed by mechanics lien. From reading here on this site it in South Carolina you have to be served by the sheriff’s department. Is that true? Because we were served by a private processor.
Thank you
1 reply
Feb 6, 2020
South Carolina is home to some confusing service requirements regarding mechanics liens. Generally, though, personal service may be made either by the sheriff's dept. or by private process server.
Under § 29-5-90 of South Carolina's mechanics lien statute, if service can't be made, an affidavit stating service was attempted but could not be made can be filed - and that filing would suffice for service. And, in order to follow that back-up filing route of service, the affidavit that gets filed must come from the sheriff's department.
Ultimately, then, it's really only important that the sheriff was the one who attempted to serve if service can't be made. Because, then, a statement from the sheriff's dept. (and not a private process server) could be filed in the county record.
As a more general note - as long as service actually makes it to the hands of the person who was supposed o receive it, it generally won't matter all that much how service got there.
I hope this was helpful. Additionally, I think this resource might be valuable to you: A Mechanics Lien Was Filed on My Property – What Do I Do Now?