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South Carolina Questions & Answers
2 Answers | Asked in Landlord - Tenant and Probate for South Carolina on
Q: Can you evict someone on behalf of a homeowner that is currently incarcerated?

A close friend of mine is incarcerated, since he has been in jail his father has moved into his house without his permission. He is trying to rent the house out in order to keep it up and have the taxes paid. The house is paid off. He asked me to go to the magistrate and file an eviction notice... View More

Christian T. Wall
Christian T. Wall
answered on Oct 22, 2024

To answer your initial question, no, you cannot file an eviction for your friend unless you are his attorney. Also, like the other answer says, your friend probably isn't the record owner of the property if the public record still lists his grandmother. Even if the grandmother had a Will that... View More

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1 Answer | Asked in Consumer Law for South Carolina on
Q: In reference to consumer debt, what are our options regarding unseen right to cure notice?

Plaintiff referred to right to cure but had no submitted evidence of. Judge denied their motion for summary judgement. Now they are showing a right to cure but we've never seen such and don't believe we ever received. There is no supporting evidence that shows delivery. What are our options?

D. Nathan Davis
D. Nathan Davis
answered on Oct 7, 2024

Can you convince a judge and/or jury that the notice was not received? Normally, the right to cancel is actually signed by the debtor at the time the debt is incurred. Make the creditor provide a copy of the form since you do not remember receiving it. In real estate, the receipt is signed and... View More

2 Answers | Asked in DUI / DWI for South Carolina on
Q: I was arrested on 9/27 for DUI. BAC .17 via Breathalyzer at the jail. Reason for stop was speeding. No Criminal Record!!

No Criminal History and Driving Record is pretty spotless. Should i just plead guilty since i blew and was well over? And is it possible that doing so will help possibly get me a lighter sentance, like maybe no jail time and just a fine with the mandatory IID, suspensions, and all the other things... View More

Robert J. Reeves
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Robert J. Reeves
answered on Oct 7, 2024

We never recommend someone just plead guilty to a DUI or DUAC. While every case is different, there are oftentimes defenses that will allow lawyers to negotiate something less severe than DUI. It is certainly worth a consultation with an experienced DUI defense attorney.

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2 Answers | Asked in DUI / DWI for South Carolina on
Q: I was arrested on 9/27 for DUI. BAC .17 via Breathalyzer at the jail. Reason for stop was speeding. No Criminal Record!!

No Criminal History and Driving Record is pretty spotless. Should i just plead guilty since i blew and was well over? And is it possible that doing so will help possibly get me a lighter sentance, like maybe no jail time and just a fine with the mandatory IID, suspensions, and all the other things... View More

Casey Brown
Casey Brown
answered on Oct 7, 2024

Retaining an experience criminal defense attorney is a good way to make sure that your rights are upheld, the State has evidence to prove their case, and protect you as the matter proceeds through the legal system. DUI in SC is a nuanced law that has many different issues. The law has also changed... View More

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1 Answer | Asked in Car Accidents for South Carolina on
Q: i was involved in non at fault accident other party issued citation for failure to yiel my car is totaled!

My myself and my child were involved in a not at fault accident, pretty sure my car is totaled is 11 years old with over 120,000 and significant body and frame damage, I owe more of the vehicle than its worth about 6000.00 more, Im going through the responsible partys insurance they were in a... View More

Robert Fredrick Goings
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Robert Fredrick Goings
answered on Oct 7, 2024

If you have a balance remaining on the car loan that exceeds the actual cash value of the vehicle , the insurance company will likely not want to pay off the loan balance. The law states that you are only entitled to the actual cash value, but there are some legal argument that an experienced... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I have a former employer threatening to enforce a non-compete against me. What should I do in this situation?

I am writing to remind you that pursuant to the provisions of your Nexstar compensation plan you are bound to certain post-employment obligations as follows:

Through March 25, 2025, you may not, whether directly or indirectly, with or without compensation, enter into or engage in the... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

You really need to take all your documentation about this job and your agreement to a local attorney. The laws vary greatly from state to state about these non-compete agreements. In some states they are not enforceable against ordinary employees at all, in other states they are fully enforceable,... View More

Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More

1 Answer | Asked in Criminal Law and Juvenile Law for South Carolina on
Q: Can I legally date my 17 year old partner once I turn 18 in South Carolina?
Casey Brown
Casey Brown
answered on Sep 6, 2024

The age of consent in SC is 16 years old. This does not apply if the "actor" is in a position of power with the other person such as a coach or teacher etc. Everyone has a specific facts that apply to them so it could be important to speak with an experienced criminal defense attorney to... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for South Carolina on
Q: Mortgage owner left wants to give selling rights to my mother she needs help reviewing and setting up POA, who can help?

My mother was dating a man who took out a mortgage for the home they live in. He left the home due to a dispute, wants to do what is best for her and is asking her to sell home through a lawyer, she is in need of someone to settle this situation civilly with his lawyer, help her review and... View More

Liscah Isaboke
Liscah Isaboke
answered on Sep 5, 2024

Your mother should consult a real estate attorney to help navigate this situation since she’s not on the mortgage. The attorney can review the mortgage and title documents, ensure any agreement with her former partner is legally binding, and negotiate terms with his lawyer. A Power of Attorney... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: I believe my forth amendment rights were violated in 2021 when I was charged with trafficking heroin
Casey Brown
Casey Brown
answered on Aug 29, 2024

Has the case been resolved? If not and you feel that your Constitutional Rights have been violated, it is important to speak with an experienced defense attorney about your case. This could be an issue for you and your attorney to review. If the case has been resolved, you may need to speak with an... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Should I ask for a meeting with the Solicitor to make sure she realizes that my ex has a pattern of abusive behavior?

My ex is on probation and violated the restraining order. If found guilty he could have to serve his sentence. He has violated the order of Protection multiple times and quite a few of those violations have never been addressed. Should I ask to meet with the Solicitor and share this info with... View More

Casey Brown
Casey Brown
answered on Aug 29, 2024

You may call the victim's advocate with the solicitor's office or the solicitor themself and let them know what you are experiencing. There are many rights under the Victims Bill of Rights that you should have been informed of in this matter. Sometimes it can be helpful to retain an... View More

1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: What's my case worth

I was parked in an alley and proceeded to walk into the store. I heard a horn honk and went back to my car and when I approached it was a security money truck. He waived at me and vice versa. I then went to get in my car and before I could open my door to the car he was behind me trying to pass... View More

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

A South Carolina attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to advise you on what your case is worth based on these limited facts. I'm sorry about your accident. I hope you're okay. You could probably get an idea of the... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Quite claim to/from deceased parent before they took a reverse mortgage loan. Am I responsible for any debt?
Anthony M. Avery
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answered on Aug 6, 2024

Not sure of your facts. But if the home was deeded to you prior to the reverse mortgage, then you supposedly own it and parents had no interest to sell later which is what a reverse mortgage is. If you did not sign the note, then you personally owe nothing. But if you do not own it, and the... View More

1 Answer | Asked in Personal Injury for South Carolina on
Q: If a 22-month-old toddler is injured at Daycare under their supervision, are they responsible for the medical bills ?

The Daycare are stating it was the toddler's fault for the injury.

Tim Akpinar
Tim Akpinar
answered on Aug 5, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry about your toddler's accident. Until you are able to consult with a local attorney about state-specific elements of negligent supervision, the issue might be less crucial if you are... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for South Carolina on
Q: In the state of South Carolina, is the grantor signature needed in order for the grantee to become owner?

My uncle is the grantee of property that my father owned in SC. My uncle recieved the property through a tax sale and it was never redeemed. My brother and I were not aware of this. We received legal documents recently for both of our signatures to remove our interests or rights to the property.... View More

Anthony M. Avery
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answered on Jul 29, 2024

If the grantor does not sign, there is no transfer of title. Hire a SC attorney to search the title and advise what to do. If your Father lost the property in a Tax Sale, then he did not convey anything. Apparently the owner wishes to clear up the title cloud of the redemption that you might... View More

2 Answers | Asked in Civil Litigation for South Carolina on
Q: is there a way to get involved in a class action lawsuit after the deadline has passed?

I recently found out that a class action lawsuit against a company I worked for was filed but the deadline has passed with the firm, is there a way to file a separate suit against the company.

James L. Arrasmith
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answered on Jul 27, 2024

If you've missed the deadline for a class action lawsuit, you still have options. You can explore filing an individual lawsuit against the company. This involves consulting with an attorney to discuss the specifics of your case and determine the best course of action.

In some cases,...
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2 Answers | Asked in Civil Litigation for South Carolina on
Q: is there a way to get involved in a class action lawsuit after the deadline has passed?

I recently found out that a class action lawsuit against a company I worked for was filed but the deadline has passed with the firm, is there a way to file a separate suit against the company.

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

A South Carolina attorney could advise best, but your question remains open for three weeks. If you mean the firm's deadline, you could ask them if other options or other firms - some class actions that involve large pools of claimants take on new plaintiffs on a rolling basis. If you mean the... View More

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1 Answer | Asked in Bankruptcy for South Carolina on
Q: Will secured personal loans with a third party debt collector still be discharged?

I’m filing for chapter 7 bankruptcy and have a few personal loans with collateral that were sold to a third party debt collector. I researched that only unsecured debts would be able to be discharged. But someone told me even though the secured loans were sold to a third party debt collector they... View More

James L. Arrasmith
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answered on Jul 24, 2024

When you file for Chapter 7 bankruptcy, the discharge generally applies to unsecured debts. Secured debts, which are loans backed by collateral, typically aren't discharged because the lender has a claim on the collateral. If the secured loan has been sold to a third-party debt collector, the... View More

1 Answer | Asked in Federal Crimes and Civil Rights for South Carolina on
Q: Can I file a claim against the state for violating my constitutional rights eleventh amendment double jeopardy law

Being denied snap benefits due to drug charges I've already served sentence for.

James L. Arrasmith
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answered on Jul 21, 2024

You can consider filing a claim if you believe your constitutional rights have been violated. The Eleventh Amendment generally provides states with immunity from certain types of lawsuits in federal court, but there are exceptions, especially concerning civil rights violations under federal law.... View More

1 Answer | Asked in Federal Crimes and Internet Law for South Carolina on
Q: A person is threatening to kill my wife and I despite the restraining order I have against him, is this illegal?
James L. Arrasmith
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answered on Jul 21, 2024

It is illegal for someone to threaten to kill you and your wife, especially if you have a restraining order against them. Such threats are considered serious crimes and can be classified as harassment, intimidation, or making terroristic threats, depending on your location. The restraining order... View More

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