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South Carolina Questions & Answers
1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: Hi I’m being evicted from my rental unit with me $ my small kids I have been physically assaulted by office manager

Need help with legal rights

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you and your children are going through this traumatic situation. Being assaulted and facing eviction is incredibly stressful and scary. Here are some steps you can take to protect your legal rights and get help:

1. File a police report about the physical assault. This...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Is it illegal for my ex gf to demand money from me or she is going through with a restraining order she filed

She demanded 10000 dollars and she wouldn’t go to court

James L. Arrasmith
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answered on Apr 15, 2024

It is illegal for someone to demand money from you in exchange for not pursuing a legal action, such as a restraining order. This could be considered extortion or blackmail, which are criminal offenses.

If your ex-girlfriend has filed for a restraining order, she cannot legally demand money...
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1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for South Carolina on
Q: Pork skins nutrition facts say 0 sugar 0 added sugar but ingredients contain sugar. Is that false advertisement?

On a sugar fast, bought these on the fly for my kids and had a few until I read the actual ingredients come to find out that even though not listed in nutrition label, it is on the ingredients. In turn, I broke my sugar fast.

James L. Arrasmith
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answered on Apr 15, 2024

It's understandable to be confused and frustrated by this situation. According to FDA regulations, if a food contains less than 0.5 grams of sugar per serving, the nutrition facts label can list the sugar content as 0 grams. However, the ingredients list must still include any form of sugar... View More

1 Answer | Asked in Civil Rights, Estate Planning and Real Estate Law for South Carolina on
Q: What legal action can we take?

My daddy put his place of business that had a house on the land in my sister name so her son could go to a different school. The verbal agreement was that she would sign it back to him when her son graduated. Me and my brother lived in the house. My brother passed away in December and the same day... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, there are several potential legal actions you and your father may be able to take. However, it's essential to consult with a local attorney who specializes in property law and estate matters to determine the best course of action for your specific... View More

Q: Is it illegal to share a room with my nephew who is a minor, if I his aunt, am an adult?

He is 11 almost 12, I am 22 almost 23. We can only afford a two bedroom apartment. I will hopefully be living with my sister and nephew. Unless this is against the law. I cannot find a definite answer online, hopefully you can help! Thanks!

James L. Arrasmith
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answered on Apr 6, 2024

In general, there are no laws that prohibit an adult from sharing a room with a minor relative, such as an aunt sharing a room with her nephew. Family members often share living spaces due to financial constraints or personal preferences.

However, there are a few considerations to keep in...
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1 Answer | Asked in Civil Litigation for South Carolina on
Q: Does the towing company have the right to take anything out of my vehicle without my permission.

I am still the owner of the vehicle but the employee has told me they took my title out of my the glove compartment in my car without my permission.

James L. Arrasmith
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answered on Apr 4, 2024

In most cases, a towing company does not have the right to remove items from your vehicle without your permission, even if they have lawfully towed your car. Taking your vehicle title from the glove compartment would likely be considered an unauthorized and inappropriate action.

However,...
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1 Answer | Asked in Child Custody, Civil Rights and Family Law for South Carolina on
Q: What actions do I take against an aunt who gained temporary custody with and emergency hearing with false information

I am the mother of 2 children. Their father died in May 2023. I purchased a house to renovate but it was not manageable and returned back to our previous county. It took me a call between one county to another, back and forth to establish enrollment in the McKinney Vento Act. Within 3 days of... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about your difficult situation. Losing your husband, dealing with housing challenges, and now facing a custody battle based on false accusations must be incredibly stressful and painful.

Here are some steps I would recommend taking to fight for custody of your...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: I was charged with trafficking 3rdsubsequent offense because there were drugs found in the car but the passenger claimed

The drugs thru a notorized statement

Casey Brown
Casey Brown
answered on Apr 1, 2024

Many times law enforcement charges everyone in the vehicle with possession of alleged narcotics and then works out the case later as to plea offers, trial, etc. If a passenger in the vehicle claims the substance as theirs then that is a very good fact for all others charged with the possession of... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Are my gun rights restored in SC if my record was expunged
Casey Brown
Casey Brown
answered on Apr 1, 2024

The answer to your question depends on your record. If the expunged charges are the only thing on your record, then it is possible that your second amendment rights are restored unless you have pending charges that would prohibit you from possessing a firearm. The best advice would be to contact an... View More

1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Landlord - Tenant for South Carolina on
Q: Is it okay to bury a pet in my backyard in rural Dorchester County ( Sprucewood Drive, Sprucewood subdivision)?
James L. Arrasmith
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answered on Mar 31, 2024

In Dorchester County, South Carolina, there are no specific laws or ordinances that prohibit burying a pet in your backyard. However, it is generally recommended to follow these guidelines to ensure public health and safety:

1. Choose a location that is far from any water sources, such as...
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1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: What initial steps should I take to start resolving this possible long-term squatter situation?

I recently acquired the land I’ve been living in since 2005. Around 2012 a new mobile home moved into my area. This mobile home was placed between two property lines that were owned by one landowner at that time. The previous landowner stated that the previous tenants used to pay rent but stopped... View More

James L. Arrasmith
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answered on Mar 30, 2024

Resolving a long-term squatter situation requires a cautious and informed approach. Initially, it's crucial to gather all relevant documentation regarding your property ownership, including deeds and any agreements or communications with the previous landowner about the squatters.... View More

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: When renting a piece of land from someone do you have to pay the property taxes when they are do plus pay the lot rent?

In south carolina

James L. Arrasmith
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answered on Mar 28, 2024

When you rent a piece of land in South Carolina, typically, your responsibility is to pay the rent agreed upon in your lease agreement. This rent is paid to the landlord, who owns the property. The concept of "lot rent" generally refers to the payment made for the use of the land, which... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: It’s been 4 years since my surgery and l am now seeing complications from it is it to late to sue for malpractice

The dr removed my left adrenal gland and in the process she injured my left kidney which is now not working normally l will now have life long issue with it l also have trauma from the surgery it went bad from the start I am just now seeing the mistakes she made

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

Malpractice statutes of limitations often do not begin to run until discovery (or should have discovered), with a cap of time. You should consult with experienced medical malpractice attorneys in the state where this occurred who can review the facts of your particular case and determine if you... View More

1 Answer | Asked in Estate Planning for South Carolina on
Q: Need to transfer a camp lejeune claim in my father’s name to my name. He’s dying and may not live to see a settlement.

Keep out of private and his estate. Has no money. No assets

James L. Arrasmith
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answered on Mar 21, 2024

Transferring a claim from your father's name to yours, especially under these circumstances, requires understanding and navigating specific legal procedures. It's important to know that claims related to Camp Lejeune involve federal law and may have particular guidelines for transfer or... View More

Q: Can your employer send you for a FEC with a known disability and in the process you fall reinjuring yourself?

A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?

James L. Arrasmith
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answered on Mar 19, 2024

If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I go to jail for a registered gun in a open carry state without a permit at work place
Casey Brown
Casey Brown
answered on Mar 18, 2024

According to the new law in the State of South Carolina, a person that is legally able to own a firearm does not have to have a permit to carry a firearm. There are still places that prohibit carrying a firearm on the premises and the workplace would need to provide notice that they do not allow a... View More

1 Answer | Asked in Civil Rights, Child Custody and Family Law for South Carolina on
Q: can a judge say he is not comfortable and not allow a defendate to admit filing a false police report resulting in dss ?

My kids mother admits to case workers and guardian ad litem to filing false police report which caused dss to investigate ,but when court date was set for her to address court the judge said that he was not comfortable allowing her to perjure herself and that he would not allow it.If it were not... View More

James L. Arrasmith
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answered on Mar 18, 2024

In legal proceedings, a judge's role includes ensuring that the court operates within the bounds of the law and maintaining the integrity of the judicial process. If a judge believes that allowing a certain action, such as admitting to filing a false police report, could lead to an individual... View More

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for South Carolina on
Q: A tax levy against a mobile home on my property has transferred ownership. The new owner has been renting home during

I want to know how to pursue and regain ownership of the mobile home

James L. Arrasmith
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answered on Mar 16, 2024

If you're looking to regain ownership of a mobile home on your property that has been transferred due to a tax levy, it's crucial to understand your legal options. First, you should consult with an attorney familiar with property and tax law in your area. They can provide detailed... View More

2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
Alan Harrison
Alan Harrison
answered on Mar 16, 2024

The Copyright Office has repeatedly said that you can't get a copyright in AI generated art. You should be fine to copy AI art from anywhere. The people who posted the art can't even file a valid suit without getting the art registered in the Copyright Office.

NOTE: My answer...
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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
James L. Arrasmith
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answered on Mar 16, 2024

If an artist has given you explicit permission to use their images, including those posted on Facebook, for your book, then you generally have the right to use those images according to the terms laid out by the artist. Ensure that this permission is in writing and clearly states the scope of use,... View More

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