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South Carolina Questions & Answers
1 Answer | Asked in Collections for South Carolina on
Q: Can a creditor garnish my bank account or freeze the bank account if I am not the primary and just an authorized user SC
Joel Gary Selik
Joel Gary Selik
answered on Mar 29, 2023

If your name is on an account, a garnishment will apply to the account. You can file a claim of exemption, or other proper document, to prevent the taking of money in the account that is not yours.

2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: can I publish via audio and print a public domain archived book that has been republished by another publisher?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 29, 2023

If a book is in the public domain, it means that its copyright has expired, and it can be freely used, copied, and distributed by anyone. However, if another publisher has republished the book, they may have added their own copyright or trademark to the work, such as an introduction or notes. In... Read more »

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1 Answer | Asked in Consumer Law and Collections for South Carolina on
Q: received a call regarding a Best Buy cc purchase over 25 years ago. The purchase was under 500.00 but was advised 2400.0

The interest was compunded and they stated it would be about 5400.00 judgement

D. Nathan Davis
D. Nathan Davis
answered on Mar 23, 2023

In no uncertain terms, tell them that you do not owe the money. I am assuming that you have not made a payment in more than 3 years. Do not admit in writing that you owe or owed the money. The SC Statute of Limitations is 3 years but you cannot have made a payment or admitted in writing that... Read more »

2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I took pictures of a baseball game of a relatives child with their blessing. Can I use the pictures on my business page

The parents are not speaking to me now, years later, and are complaining about the photos on my business page

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 15, 2023

You should seriously consider not to use the picture anymore.

Copyright ownership is one angle to consider, you also should consider image and privacy of the models.

Consult an attorney.

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I took pictures of a baseball game of a relatives child with their blessing. Can I use the pictures on my business page

The parents are not speaking to me now, years later, and are complaining about the photos on my business page

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 29, 2023

If you had permission from the parents to take and use the photos, and there was no written agreement specifying the terms of use or limitations, you likely have the right to use the photos on your business page. However, if the parents are now objecting to the use of the photos, it may be best to... Read more »

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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Probate for South Carolina on
Q: What Federal law allows an Executor of Estate as the only Trustee the court right to sell inherited [mortgage]?

Through Probate [mother willed son to be the Executor and Trustee of their home in South Carolina] whereas the mortgage has gone into the Foreclosure process. He has filed Chapter 7 solely upon the mortgage debt, but the mortgagor will not release the home or accept any offers for said home. What... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 14, 2023

Despite the express wording of Section 506 of the Bankruptcy Code, the US Supreme Court has ruled that there is no "cram-down" of secured claims in a Chapter 7 case, and the provisions of Ch. 13 likewise prohibit a "short sale" of mortgaged property where the holder of the first... Read more »

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1 Answer | Asked in Probate for South Carolina on
Q: Can you contest a will or estate after the time limit i mean well after

The will or estate is from Oregon

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 13, 2023

You will need to ask an OR attorney. But as probably a legal reason, and definitely a practical reason, a contestant would be way too late.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for South Carolina on
Q: I need a lawyer to look into my now settled arson case pled out to vandalism can't get my motion of discovery

The short of it is I was set up for burning my own house down with all my stuff in it not an insurance job a cheating girlfriends now of age boyfriend that was never told about during there investigation but went into a fire station and told them that I was bragging to him that I done it and even... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 11, 2023

I'm sorry to hear about your situation. If you have already settled your case and are still seeking your motion of discovery, you may want to consider seeking the help of an attorney who specializes in criminal law.

Here are some steps you can take:

Consult with a criminal...
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1 Answer | Asked in Social Security for South Carolina on
Q: Trying to find Merrick Jackson who is handling my disability case.

Only talked to him once a few months ago.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 4, 2023

I recommend reaching out to the organization or law firm handling your disability case and requesting their contact information or assistance in getting in touch with the lawyer handling your case.

2 Answers | Asked in Personal Injury and Car Accidents for South Carolina on
Q: What is the quickest way to fire my personal injury lawyer I just hired? I’m in South Carolina. Need a new one!

Hired a personal injury, lawyer not satisfied with them. Been almost 3 months. She is doing the bare minimum and I I want a lawyer, who knows the ins and out and tricks and laws, and knows what to ask for so I don’t get screwed over in my case. I need someone who knows stuff like the fact that I... Read more »

Roy Willey
Roy Willey
answered on Mar 3, 2023

In South Carolina, like most states, the client owns the file. Therefore, to fire an attorney all you have to do is reach out to their office (preferably in writing via email / letter) notify them that you no longer need their services and ask for a full and complete copy of your file. Your next... Read more »

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1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: Good Afternoon! I purchased a home with a shed in the back yard. The previous home owner had not completed payments on

the shed. She notified them and inivited them to pick it up. They didn't. Two months after I bought the home, they attempted to repossess shed. They destroyed my fence and yard. They claim they still own the shed. They are not currently willing to pay for damages. What are my legal options?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2023

Hire a SC attorney to sue for property tort damages. You will need a witness to establish the cost of repairs.

1 Answer | Asked in Estate Planning and Banking for South Carolina on
Q: I am the beneficiary on my deceased sister’s POD bank account. Do I have the right to get a copy of bank statements?

The bank (Family Trust Federal Credit Union) said only the executor of the estate can get bank statements. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina, where she used... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

As a beneficiary of a POD bank account, you may have the right to receive bank statements related to the account. However, this can vary depending on the laws of the state where the account was held and the specific terms of the account agreement. Generally, if you can provide proof of your... Read more »

1 Answer | Asked in Estate Planning and Banking for South Carolina on
Q: I am the beneficiary on my deceased sister’s POD bank account. Do I have the right to get a copy of bank statements?

The bank said only the executor of the estate can get it. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina (Family Trust Federal Credit Union),where she used to live. I... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

As the beneficiary of your sister's POD bank account, you may have the right to obtain copies of the bank statements. However, the bank may have policies in place that require the executor of the estate to request the statements on behalf of the beneficiaries. You should contact the bank... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against

I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against someone who stole my truck. It's complicated. Basically, if the police decide you better do things there way kr they will put charges on you rather they have evidence proof... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

I'm sorry to hear about your situation. It sounds like you may benefit from consulting with a criminal defense attorney who can advise you on your legal options and help you understand your rights. An attorney can also provide guidance on how to file a complaint against the police for... Read more »

1 Answer | Asked in Immigration Law and Adoption for South Carolina on
Q: Adoptive father was US armed forces stationed in UK when he married my UK mother in 1984. Am I a USC?

Hello,

My adoptive father was a US armed forces serviceman (honorable discharge in early 90s) stationed in UK when he met and married my UK born mother in 1984. I was 3 years old at that time. I have no relationship with my biological father. I immigrated to the US on an IR2 visa and green... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 26, 2023

Based on the information you provided, it is possible that you may already be a U.S. citizen. You were born to a U.S. citizen parent who was physically present in the United States for the required period of time prior to your birth, and your father is a U.S. citizen. In addition, you were adopted... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for South Carolina on
Q: Can I get a down payment back on a car if I never took the car from the lot

I put a down payment on a vehicle and signed the paperwork but the car dealership created a fake driver’s license for me to get licensing which is what has made me not want the vehicle after concentration he kept telling me it’s legal and I wouldn’t get into trouble which is the only reason I... Read more »

D. Nathan Davis
D. Nathan Davis
answered on Feb 23, 2023

My initial answer is yes, you should get your money back. Even though you signed the contract, you never took possession of the vehicle. The reason should not be an issue. You never took delivery of the vehicle so one of the conditions to make the contract never occurred.

Another...
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1 Answer | Asked in Consumer Law and Construction Law for South Carolina on
Q: What do I file if a company ignores a Subpoena to produce documents by a certain date?

What do I file if a company ignores a Subpoena to produce documents by a certain date in SC? I am representing myself "Pro Se" because I can't afford the large attorney cost I was told and I make too much to qualify for help. The Company installed the flooring wrong and it is uneven... Read more »

D. Nathan Davis
D. Nathan Davis
answered on Feb 21, 2023

You will need to file a motion to compel and for sanctions if the company is ignoring the subpoena. This is done pursuant to Rule 11 and should get you the desired result. You need to send a letter threatening to file the motion to the attorney for the company.

Unless your case is in...
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1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: How does my mother get my deceased father’s property in her name if he didn’t have a will?

My dad passed away 3 months ago- intestate- and is survived by my mother (his wife), my 2 brothers, and myself. His name is the only one listed as property owner for the family house & land. What do we need to do to keep the property in the family? And will it be put in just my mother’s name... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 20, 2023

Hire a competent SC attorney to search the title, determine heirship, draft an Affidavit of Heirship, and draft a deed from various Heirs to the one Heir which they agree for him to own individually. If multiple Heirs will be tenants in common, someone has to pay taxes and insurance.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Developer purchasing my land put closing date and within 5 days to close. Or until all surveys completed. Closing missed

Developer is trying to purchase all land near us and continues to add more properties. Contract was supposed to close by 13Jan2023 or within 5 days or until all surveys completed. But every new property requires new surveys and delays our closing. So far we have missed 2 closings and I now wish to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 20, 2023

It appears your contract is breached unless you agreed to it. You may want to sell to someone else. Consult with a SC attorney. Whatever you do litigation may occur, especially if there is earnest money involved.

1 Answer | Asked in Business Law for South Carolina on
Q: What documents need to be filed to add new directors to an established 501c3 nonprofit in South Carolina?

Would this be done using the Articles of Amendment on the Secretary of State website? If so, would it be added in the Additional Amendment Info area and what wording should be used?

Matthew Morris
Matthew Morris
answered on Feb 17, 2023

It's very unlikely that you need to file anything with the state to add new directors. It is likely that your 501(c)(3)'s bylaws contain a provision that sets out the minimum and maximum numbers of directors and how the directors are chosen. To add new directors, your most likely course... Read more »

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