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South Carolina Consumer Law Questions & Answers
1 Answer | Asked in Real Estate Law, Bankruptcy and Consumer Law for South Carolina on
Q: I would like to purchase a parcel of land, but 1 of the 2 owners has several judgements against him in the same county.

The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 22, 2021

S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Business Law and Collections for South Carolina on
Q: Can uhaul hold me responsible for the debt of someone I've never met?

I went to rent a uhaul and was refused service because I came in with a person who drove a uhaul for someone else who was associated to someone in debt with uhaul. So I left and came back with my mother. In which they refused service to because she is associated with me. The whole time they... Read more »

Timothy Denison
Timothy Denison answered on Mar 11, 2021

You can’t be held responsible for the debt but they are within their rights to refuse service to anyone.

1 Answer | Asked in Consumer Law, Products Liability, Civil Rights and Constitutional Law for South Carolina on
Q: Called hotel asked if room stayed in before was vacant after told yes discussed prices and then was told he would not re

Rent me room in front but can rent same room in back. After I called cust Ser. She said guy then said I was banned from property bc of 1st stay. Stayed 1 night and he accused me of having high traffic to and from my room which wasn't true and that me and my girlfriend was sitting outside. I... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

A South Carolina attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, hotels are given leeway in terms of declining patrons. The most practical option might be to look into other hotels. You could consult with a South Carolina to ask if they see things... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for South Carolina on
Q: I am currently being sued by debt collector trying to sue on a private student loan from 2008. Isn't the SOL 3 years?

This loan was taken out in 2008 through BOA and no payment was even made because it was fraudulent. Now in 2020 this collection agency is suing. E despite the SOL being 3 years and from the evidence I have from the CFPB (Consumer Financial Protection Bureau) says that the SOL begins upon the first... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2020

Don't know about the SOL in South Carolina; but in Florida the SOL for this kind of debt is either 4 or 5 years, depending upon certain circumstances.

Rather than spending time asking lawyers here on Justia you should spend your time gathering all the evidence needed to show (1) the...
Read more »

1 Answer | Asked in Consumer Law for South Carolina on
Q: can a a appliance repair company that contracts with a utility company for home service refuse service

Refuse service to renters

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 17, 2020

You have not provided sufficient information for a response. Do you have a copy of the contract between the appliance repair company and the utility company? Is the appliance in question covered under the terms of the contract? If it is, I would recommend that you contact your utility company and... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on
Q: I got a ticket for shoplifting today and have several questions

There is some information on the citation that is incorrect. My birth year is incorrect. There is a court date set, but the ticket has NO circled when it asks if a court date appearance is needed. It is my first offense, and I don't want this on my permanent record. I know it was stupid, but I... Read more »

Ryan D Templeton
Ryan D Templeton answered on Feb 19, 2020

I would recommend contacting an attorney in to area to talk about the options. There are diversionary programs that could apply to you to ultimately have you case removed from your criminal record. If you cannot afford a private attorney the public defenders office is available to you as well.

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on
Q: charged w/takin parents vehicle without permission. Cops on Cell recording not reading my rights. Can throw out court

I took my moms vehicle which I was given a key too with permission to use everyday to take brothers to school and personal use if I ask, I was told not to go out and took the car out anyway one night, they told me to be home by 10 or they’d call police. I arrive at 10:30, see the cops as I pull... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 24, 2019

We would need some more information before we can answer that question. The issue would be if you were in custody at the time that you made the admission. You will need to reach out to a criminal defense attorney in your area or the public defenders office if you can not afford a private attorney... Read more »

1 Answer | Asked in Consumer Law, Contracts and Business Law for South Carolina on
Q: Is a photographer required to refund a deposit if the session is cancelled d/t inclement weather? Mine refuses.

She says no refunds. Alternatively she has offered to notify me of future scheduled sessions. They’re few and far between.

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

It could depend on the terms of the underlying agreement between you and the photographer, in particular, what is said about the deposit. If that point is not addressed, it could be open to debate. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law for South Carolina on
Q: mom filed br. i cosigned on one personal loan. my name is on br form, but not filing. will i have to pay those payments?

my mom filled for bankruptcy. i am a cosigned on one of her personal loans. i am not filing for bankruptcy, but my name and info was put on her forms for this loan. after her meeting with creditors, will i have to take over those payments, or will this totally discharge it for me too? and will i... Read more »

D. Nathan Davis
D. Nathan Davis answered on Nov 19, 2019

If you co-signed on a loan for anyone, you are liable for repayment if the person you co-signed for does not pay the debt. The creditor can and probably will come after you for any amounts it does not receive. Bankruptcy will not keep the creditor from coming after you.

1 Answer | Asked in Consumer Law for South Carolina on
Q: Why can't we borrow money from premiums paid every year from car insurance when you can from life insurance why?
Tim Akpinar
Tim Akpinar answered on Oct 31, 2019

An insurance professional could probably give you a list of reasons, but one fundamental one is the difference in operation of the industries. Life insurance is something people opt to buy, while car is insurance is something they have to (with exception). Good luck

Tim Akpinar

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for South Carolina on
Q: My dad bought a used camper—no written contract—& learned that the walls were rotted out. Too bad, right?

Purchase was from private individual.

Tim Akpinar
Tim Akpinar answered on Sep 15, 2019

A South Carolina attorney could advise you in the best manner, but your question remains open for two weeks. But as a general matter in most any jurisdiction, the recourses would be limited. It's a private sale sealed over a handshake, no warranties, and no contract. Don't beat yourself... Read more »

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2 Answers | Asked in Bankruptcy and Consumer Law for South Carolina on
Q: I provided a $10,000. deposit to a business in SC. I'm retired and this money is a big chunk of my income.

The company is an LLC and manufacturers RV's and was going to file Chapter 7 bankruptcy but I'm now being told they will not do so. It as also been brought to my attention that the owner has personally lost his home, vehicles and is living with a relative. The latest news is that a major... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 2, 2019

Unless you have some written agreement memorializing your $10,000 "investment" you may be in big trouble. Situations like this do not end well for small investors like you. If you are retired, stop "investing" in these kinds of "money-making get rich quick" schemes.

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1 Answer | Asked in Personal Injury, Consumer Law and Construction Law for South Carolina on
Q: Extreme damage under our home caused by our Air & Heating Company not doing their job, causing me worse health issues.

We hired a contractor to fix a floor inside our home. Once floor was opened up, he found that our air conditioner Duct work was not hooked up to the main unit. When he went under our home he found went insulation, White and Black Mold, floors that need to be replaced. I have tried to reach out to... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 5, 2019

I'm sorry about the health problems you are experiencing, and the state of the HVAC system in your home. You ask for help in finding an attorney. You could search for South Carolina attorneys in the Find a Lawyer section of this website, you could look into the resources of the South Carolina... Read more »

1 Answer | Asked in Consumer Law and Contracts for South Carolina on
Q: Do I have the right to repair and deduct for a built in oven that has not been fixed
D. Nathan Davis
D. Nathan Davis answered on May 29, 2019

You must give your landlord a reasonable amount of time to repair the oven. You should probably give the landlord written notice if the oven is not repaired within a reasonable period of time, you will make the repair yourself and deduct the amount from the monthly rental payment.

You...
Read more »

1 Answer | Asked in Contracts and Consumer Law for South Carolina on
Q: I recently leased a new car. The paperwork states 100 miles. I notice a week later it has over 800 miles on it.

The dealers paperwork was off by 700 miles. What recourse do I have? thanks

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2019

Go back to the dealership and have them amend the lease contract to state the correct number of beginning miles.

1 Answer | Asked in Consumer Law and Collections for South Carolina on
Q: Can a credit card company take your home if they file a judgment against you in the state of South Carolina
D. Nathan Davis
D. Nathan Davis answered on Mar 18, 2019

The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than... Read more »

1 Answer | Asked in Consumer Law for South Carolina on
Q: How do you get a UCC lien from a shady company with a history of lost cases and tons of BBB complaints terminated?
D. Nathan Davis
D. Nathan Davis answered on Mar 14, 2019

The only way to get a UCC terminated is to get the company that put it on to terminate the UCC statement. If the company refuses to terminate it, you can sue the company and get a Court order to terminate the UCC. These are filed in the Office of the Secretary of State and this Office cannot do... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for South Carolina on
Q: Can a surviving spouse also claim their deceased spouse’s homestead exemption in SCarolina bankruptcy ?

Wife passed in Aug 2018...now Considering Bankruptcy to settle medical bills from Leukemia

Low income -now unemployed

58yr old widow in Poor health now struggling to find work compatible with health conditions.

D. Nathan Davis
D. Nathan Davis answered on Mar 11, 2019

The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount.... Read more »

1 Answer | Asked in Consumer Law for South Carolina on
Q: Trying to work w/bank on lowering payments on motorhome so affordable. bank won't. letter cure default. what can bank do
D. Nathan Davis
D. Nathan Davis answered on Mar 3, 2019

The bank has no duty to lower payments. Once the time runs to cure the missed payments, the bank can then take action to foreclose on the lien. If there is a foreclosure, the bank will sell the motorhome and if it sells for less than the payoff, they may come after you for the deficiency.

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for South Carolina on
Q: I live in horror county Sc. Sheriffs judgment $2,200 against me. From a personal loan

Home flooded last year wasn't aware of court date. It a he saiid she said. I lost since I wasn't at court date. Received sherrifs judgment against personal property. I am a single mom of 2. Made $20,000 last year because of the hurricane. I rent. All I have are household items. Can... Read more »

D. Nathan Davis
D. Nathan Davis answered on Mar 3, 2019

A judgment is a finding by a court that you owe money to someone. If you have assets, the sheriff can levy against the assets to collect the judgment. Based on what you are saying about assets and income, you probably qualify for legal aid.

The sheriff will ask you to pay the judgment,...
Read more »

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