Lt. Dustin Turner
Phone: (843)958-2106
deturner@charlestoncounty.org
or administrative assistance please contact (843)958-2133 or (843)958-2111
Sheriffs in South Carolina have two important functions concerning the administration of justice: enforcing both criminal laws and civil laws. Criminal law enforcement is more easily recognized by the public. But enforcement of civil law is also their responsibility. This enforcement is specified both in statutory law and in "Common Law", which are decisions handed down by the courts.
The primary purpose of the service of process is to give a defendant notice that a legal proceeding has been instituted against them and to afford them the opportunity to defend against it. The process advises the defendant of the nature of the action brought against them and also vests jurisdiction in the court that issued the process. Process is the means by which a court obtains jurisdiction in a cause to settle controversies involved therein and to enforce its orders against parties involved. The sheriff is mandated by South Carolina law to serve the process of the court:
§ 23-15-40
"Service of process, orders and notices; . . ."
"The sheriff or his regular deputy, on the
delivery thereof to him, shall serve, execute
and return every process, rule, order or notice
issued by any court of record in this state
or by other competent authority...."
Office Hours
8:30 AM to 5:00 PM
Monday through Friday
The office is closed on all county holidays.
Location
100 Broad Street
Suite 384
Charleston, SC 29401
Phone:
(843)958-2111 or 958-2115 (During regular business hours)
Fax: (843)958-2128
Service of Civil Process
The Charleston County Sheriff's Office is pleased to assist with
the service of your legal documents. You may bring them to our
office personally or you may mail them to the following address:
100 Broad Street
Suite 384
Charleston, SC 29401
Phone: (843)958-2111 or (843)958-2115 (During regular business hours)
Fax: (843)958-2128
Please ensure that the following guidelines are met when the documents are forwarded to our office:
- Ensure the paperwork to be served is within Charleston County.
- The documents contain all proper signatures
- The documents have been filed with the Clerk of Court
- The Clerk of Court's stamp appears on the document
- The Sheriff's Office is provided with the name and address of the party(s) to be served
- The Sheriff's Office is provided with instructions for returning the affidavit
- The appropriate fee is included
- A self-addressed stamped return envelope
Various Types of Civil Process Served By the Sheriff's Office
(but not limited to)
- Summons and Complaint
- Notice of Hearing
- Restraining Order
- Subpoena
- Subpoena Duces Tecum
- Habeas Corpus
- Rule to Show Cause
- Rule Nisi
- Mechanic's Lien
- Attachment
- Claim and Delivery
- Writ of Execution
- Writ of Assistance
- Writ of Ejectment (Evictions)
Fees
The fees the Charleston County Sheriff's Office collects for the service of process are set forth by §23-19-10 of the South Carolina Code of Laws, 1976, as amended.
| Arbitration papers | $5.00 |
| Subpoena | $10.00 |
| Summons and Complaint | $15.00 |
| Any other type paper | $15.00 |
| Mechanic's Lien | $15.00 |
| Attachments | $15.00 |
| Claim and Delivery | $25.00 |
| Writ of Assistance | $25.00 |
| Orders of seizure | $25.00 |
| Writ of Ejectment (Evictions) | $25.00 |
To expedite the return of the Affidavit of Service please include a self-addressed stamped envelope.
Questions can be directed to (843)958-2111 or (843)958-2115 during regular business hours.
Evictions (Writ of Ejectment)
TIPS TO REMEMBER:
- Writ of Ejectments are result of property being sold at a foreclosure sale.
- Once the Sheriff's Office receives the writ from the plaintiff, service is attempted on the occupants of the foreclosed property.
- Unless otherwise specified in the writ of ejectment, the occupants will get a minimum of ten days to vacate the property.
- All personal belongings need to be removed from the property by the defendant or the current occupants.
- If personal property is not removed by the defendant or the current occupants, the plaintiff will provide the means to move the personal property from the premises to the nearest public right of way.
Housing and Shelter Assistance
Charleston County Housing and Redevelopment Authority
Phone: (843)722-1942
2106 Mount Pleasant Street
Charleston, SC 29403
www.cchra.com
HUD Approved Housing Counseling Agencies
Springboard Non-Profit Consumer Credit Management
Phone:
(951)779-7723
4000 Faber Place Drive Suite 300 North Charleston, SC 29405
www.springboard.org
Charleston Community Development Corporation
Phone: (843)747-3311
2146 Dorchester Road North Charleston, SC 29405
Increasing H.O.P.E. Financial Training Center
Phone: (843)225-4343
The Financial Training
Center
1551 Remount Road North Charleston,
SC 29406
www.increasinghope.org
NACA - Neighborhood Assistance Corporations of America
Phone:
(843)556-0497
2420 Mall Drive Suite 100 North Charleston, SC 29406
www.naca.com
Shelters
Crisis Ministries (843)723-9477
573 Meeting Street
Charleston, SC 29403
www.charlestonhomeless.org.
Tri County family
Ministries
(843)747-1788
3349 Rivers Avenue
North Charleston, SC 29405
www.tricountyfamilyministries.org.
Flowers
Ministries, Inc.
(843)277-0131
5265 International Boulevard
North Charleston, SC 29418
www.flowersincusa.org
Housing Websites - Rentals
www.Apartments.com
www.Ent.com
www.Apartmentsearch.com
www.Vacancylist.com
www.Affordablehousingonline.com (Section 8)
www.interimhousingsolutions.com
Veterans Housing Assistance
Carolina Homeless Veterans (843)795-8780
1707 McLeod Avenue
James Island, SC
Veterans Villas
(843)554-8861
1409 Manky Avenue
N. Charleston, SC
Please Note: The Above Listings Are Only Resources Located In The Charleston Regional Area. Providing These References Is Not An Inference In Any Way That The Charleston County Sheriff's Office Endorses, Supports Or Receives Funding From The Above Listed Agencies. These References Are Provided As A Courtesy Only.
Helpful Links
If you are falling behind in your mortgage and are concerned about foreclosure here are a few resources which offer assistance:
South Carolina Legal Services - SC Help - approved Housing Processing Agency
For free legal advice and assistance:
Consumer Credit Counseling Services - A Division of Family Services, Inc.
Judgments / Executions
Tips to Remember
Please ensure that the following guidelines are met when the execution is forwarded to our office:
- The execution contains the proper signatures
- The execution has been filed with the Charleston County Clerk of Court's Office
- The Clerk of Court's stamp appears on the document
- The Assumed Cost form is enclosed
- The appropriate fee is included
- To expedite the return of your affidavit of service, please enclose a self-addressed stamped envelope
Property to be levied upon must be in the EXACT name of the defendant as it appears on the Judgment/Execution.
After you obtain your Judgment it should immediately be filed with the Clerk of Court.
Small Claims Judgments have a thirty (30) day appeal period.
Common Pleas Judgments cannot be enforced until the expiration of ten (10) days after it's entry.
What to Expect when you provide the Sheriff's Office with a Judgement/Execution
Twenty five dollar ($25) non-refundable filing fee.
The completion of an Assume Cost form.
Judgments / Executions are worked in the order they are received by the Sheriff's Office.
A courtesy letter is mailed to the defendant recommending that our office be contacted within ten (10) days for instructions on satisfying the Judgment. The defendant is also advised that in accordance with South Carolina law, it is incumbent upon the Sheriff to seek payment in full. Failing to pay the Judgment may result in seizure of the defendant's property. Seized property is sold at public auction to satisfy the Judgment.
A determination is made to see if the defendant has titled assets that are subject to levy.
The property must be in the EXACT name of the defendant as it appears on the Judgment/Execution.
Personal property must have adequate equity in order for it to be levied upon.
The Plaintiff is responsible for all lawfully incurred expenses pertaining to the levy. This includes, but is not limited to, towing, storage and advertisement.
The Plaintiff is required to place a deposit of $800 with the Sheriff's office prior to the seizure of automobiles, boats, etc. If multiple or large vehicles are being seized, this amount will be adjusted accordingly. The current deposit for real estate is $550. The Sheriff's Office must receive this deposit prior to the levy process. All costs incurred by the plaintiff is added to the collection of the case.
Every effort is made by the Sheriff's Office to bring closure to cases within sixty (60) days. However, due to the volume of Judgments received by the Sheriff's Office, cases involving the levy of real estate or other unusual circumstances may not be concluded within sixty (60) days.
Any questions may be directed to Civil Process at (843)958-2110 during regular business hours.
How do I...
Q: Check the Status of an execution filed with the Sheriff's Office?
A: You are welcome to contact our office during regular business hours at (843)958-2110
Q: Proceed with an execution where the defendant has filed bankruptcy?
A: Contact the defendant's attorney and attempt to be added as a creditor. If they will not add you to the bankruptcy proceedings, your only option is to wait for the outcome of the bankruptcy hearing.
Q: How to obtain a judgment against someone?
A: You can file for a Small Claims Court hearing if the amount is under $7,500.00 by contacting:
Judge Henry W. Guerard
995 Morrison Drive
Charleston, SC 29403-4237
(843) 724-6720
Judge James A. Turner
4045 Bridgeview Drive - Room B146
North Charleston, SC 29405-7464
(843) 202-6650
If the amount is over $7,500.00, you can file for a Common Pleas hearing through the Clerk of Court's Office.
Q: Calculate the interest that is due on my case?
A: If your case was rendered prior to 01-01-01 your interest is awarded at 14%. After this date to July 15, 2005, your interest was awarded at 12%. The formula for calculating this interest is:
| Take the original amount of the judgment | $5,000.00 |
| Multiply it by the interest rate (12% or 14%) |
X 12% |
| $600.00 | |
| Divide this figure by 365 (days in a year) | / 365 |
| Total of interest per day | $1.64 |
| You should then need to total up the number of days since the judgment was rendered and multiply that number by $1.64. This will give you the total due. | |
Annually, the interest rate is adjusted by the Order of the South Carolina Supreme Court to reflect the current interest rate set by legislation and the banking industry. You may contact the Judgment and Execution Office for the correct interest rate.
Q: File a case in another county?
A: You must first file the execution in the Clerk of Court's Office in the county where you are attempting to execute the case. You can then file it with the respected Sheriff's Office for execution.
Q: Collect from someone who has left the state?
A: You would need to file the execution in the county that they are currently residing in unless they still have property located within the jurisdiction of the Charleston County Sheriff's Office.
Other Links
Ninth Judicial Circuit
South Carolina Bar
Association (public area)
Charleston County Clerk of Court
Charleston County Master in Equity
Charleston County Register Mesne Conveyance Office
Charleston County,
South Carolina