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South Carolina Small Claims Questions & Answers
1 Answer | Asked in Collections, Probate and Small Claims for South Carolina on
Q: A creditor was granted a judgement against myself as a former personal representative of my mother's closed estate.

How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.

Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2021

Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.

1 Answer | Asked in Small Claims and Civil Rights for South Carolina on
Q: My gf/fiancé of 6 yrs and I just broke up. She was cheating. My truck loan is in her name but I make the payment. She

Has given me 30 days to pay her for it or give her the truck. Can she do that

Ryan D Templeton
Ryan D Templeton answered on Dec 10, 2020

I would need some more information to answer this question but it is important to know how the truck is titled more than who's name is on the note/loan.

1 Answer | Asked in Small Claims for South Carolina on
Q: A Person acting a"friend" came to my house stayed for hrs after they left I noticed items gone. What can I do
Tim Akpinar
Tim Akpinar answered on Oct 22, 2020

A South Carolina attorney could advise best, but your post remains open for two weeks. It could be a difficult matter to pursue, where it looks like it would be your word against theirs. If there was some sort of surveillance monitor or witness, that might change things. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims for South Carolina on
Q: Nephew's wedding was cancelled. Photographer will not refund. No contract was signed.

It was booked in January 2019. Photographer has also been charging them for emails, texts, and phone calls which was never disclosed. What can they do?

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

A complaint can be filed in magistrate court as long as the amount is less than $7,500.00 and present this issue to a magistrate to resolve. It would probably be a good idea to speak with an attorney in your area to see if they might be able to help you with this. In some cases attorneys will take... Read more »

1 Answer | Asked in Criminal Law, Landlord - Tenant and Small Claims for South Carolina on
Q: does one get in trouble for making too many 911 calls over noise complaints that are unfounded?

My friend’s neighbor in the apartment under her calls the cops on her probably once a month for having her TV too loud. I have been in her apartment when it happened. Not only was it not loud at all, it was in the middle of the afternoon on a weekend. Apparently she is known to do this with all... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 1, 2019

It is not unlawful to call 911 to report something like this but here is the statute on the unlawful use of 911 which might clarify what could make it unlawful suck as making a false report to 911.

SC Code § 23-47-80:

It is unlawful for a person anonymously or otherwise to:...
Read more »

2 Answers | Asked in Criminal Law, Car Accidents and Small Claims for South Carolina on
Q: Is it legal to take a picture of someone’s license plate at work? It’s for a hit and run I’m a victim of

A coworker hit my parked car and didn’t report it or give me her information and I want to take a picture of her license plate at work to proceed.

Gary Kollin
Gary Kollin answered on Jul 19, 2019

It is legal to take photographs of things in public

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1 Answer | Asked in Constitutional Law, Consumer Law and Small Claims for South Carolina on
Q: We had a company come to the house sell us a $7500 water softener installed now they want $1900 to take it out 2 days la

2 days later it's always dripping and we weren't informed about a lot of hidden details about it. Can they charge us this money to take out the system?

D. Nathan Davis
D. Nathan Davis answered on Jun 12, 2018

If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.

If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed...
Read more »

1 Answer | Asked in Consumer Law and Small Claims for South Carolina on
Q: I have an outstanding Auto Title Loan in 2007-2008. Original loan was $1,500 which has been paid. Still owe

1000.00 or so. Car hasn't been used in years, really need title, please help!!!

D. Nathan Davis
D. Nathan Davis answered on Jan 29, 2018

You must not have paid the interest on the loan from what I can understand of your question. You can go to the company and offer them something for the title and they may be willing to take that amount. The title company does not have to accept any amount.

Do not make the offer in writing...
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