Lawyers, Answer Questions  & Get Points Log In

Questions Answered by D. Nathan Davis

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 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 »

3 Answers | Asked in Bankruptcy for South Carolina on

Q: If I already have a bankruptcy lawyer can I consult with another bankruptcy lawyer?

D. Nathan Davis answered on Apr 19, 2019

Most lawyers will not consult with someone who is already represented by an attorney. If you feel the need to consult with a second attorney, you should advise your first attorney that you are doing this. Most attorneys do not feel threatened by such a request and actually expect the second... Read more »

View More Answers

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on

Q: my husband has a mortgage in his name only in sc. Am i responsible for the mortgAGE if he defaults on the loan

D. Nathan Davis answered on Apr 16, 2019

The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan.

Of course, in any foreclosure, the lender...
Read more »

1 Answer | Asked in Foreclosure for South Carolina on

Q: Hi, I wanted to ask a question about foreclosure.

Yes, lender sent me a letter on 25th of February that I was in default for past due paymens and to call them about reinstate amount. I knew what I was past due so I sent a check for 6,437 06 and mailed in on February 28th. I figured once got payment they would send me another letter letting me... Read more »

D. Nathan Davis answered on Mar 25, 2019

First, since your check never cleared it would appear that the check was not received. Simply putting a check in the mail is not enough when you are behind this much on your mortgage. You needed to call the lender and make sure that money was received. You also needed to make sure that you sent... Read more »

2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on

Q: what kind of attorney would I need if my house & land go up for sell April 1st

D. Nathan Davis answered on Mar 25, 2019

It is possible that an attorney could file a motion to reconsider and set aside the sale. That is not very likely particularly with the short period of time you have until the sale occurs. You probably need to hire an attorney who is familiar with bankruptcy laws. You may be able to file... Read more »

View More Answers

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 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 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 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. No... Read more »

2 Answers | Asked in Bankruptcy for South Carolina on

Q: where do I go & how to get copies of bankruptcy discharge papers and proof bankruptcy is cleared.

This is for a bankruptcy that was cleared approximately 2010 to 2012 in Greenville County SC

D. Nathan Davis answered on Mar 5, 2019

The easy answer is if your attorney who represented the debtor is in business, go to him or her. If you cannot find that person, you could contact another bankruptcy attorney in your area and he or she could go online and get the papers for you. They would, of course, charge you something for the... Read more »

View More Answers

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 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 not afford... Read more »

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 »

1 Answer | Asked in Consumer Law for South Carolina on

Q: Can a car dealership hold a title and accept payments on a vehicle without financing through a bank or loan company

D. Nathan Davis answered on Jan 20, 2019

Many car dealerships hold titles and have payments made directly to them. This is more common when purchasing a used car than a new car. There is nothing illegal or improper with the car dealer holding the title and taking payments provided that the dealer has properly registered his loan... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on

Q: When you receive a registered letter from sc law what does that mean ?

D. Nathan Davis answered on Jan 10, 2019

Receiving a letter from SC Law could mean anything. You need to read the letter. If they want you to come in to talk to them, do not do so without first talking to an attorney. For some reason, you have been singled out. If there is any idea that you may be aware of or be the subject of a... Read more »

2 Answers | Asked in Bankruptcy for South Carolina on

Q: We got a discharge under chapter 7 in July 2011. Wells Fargo let us stay in our home. No reaffirmation. Can we sell w/o

D. Nathan Davis answered on Sep 2, 2018

As long as you can get enough to sell the home and pay off WF, you can sell the home.

You need to confirm that the house was abandoned in Chapter 7 by the Trustee. Once the Trustee abandons the property, the only issues will be between you and Wells Fargo and any other creditors who may...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation for South Carolina on

Q: As a Defendant do I need to answer a Rule to Show Cause that the Plaintiff requested from the lender?

I am a Pro Se Defendant that did not file an answer, but filed a Motion for Dismissal. Plaintiff filed a Rule to Show Cause as ordered by the Court as I am saying they need to prove "Chain of Custody" The original lender went BK so they are running a Publication and have filed an Order of... Read more »

D. Nathan Davis answered on Aug 13, 2018

Unfortunately, either your question lacks the required information or the Rule to Show Cause is grossly inadequate. A Rule to Show Cause is an Order to Show why you did or did not do something. The Rule to Show Cause should tell you what the Court is asking of you specifically. A Rule to Show... Read more »

1 Answer | Asked in Consumer Law for South Carolina on

Q: I live in South Carolina and I voluntarily surrendered a car in 2013 and now I am being sued by a debt collector.

Is there a statue of limitations for this type of debt.

D. Nathan Davis answered on Jul 11, 2018

There is an ongoing dispute regarding which Statute of Limitations applies There is a 3-year Statute of Limitations for consumer debt, but, there is also a 6-year statute of limitations if the debt was the result of a contract. A case went up on this, but, the SC Supreme Court refused to rule on... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on

Q: Is it legal for a mortgage company to enter a home w/out consent? They say the home is in “pre-foreclosure”

The homeowner is 2 payments behind

D. Nathan Davis answered on Jul 5, 2018

No, a mortgage company should not enter a property unless it appears to be abandoned or unoccupied. The rule is that the mortgage company has the right to protect its collateral. Of course, the mortgage company is going to claim that they did not think the property was occupied.

The...
Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for South Carolina on

Q: Can Military retirement levied from a bank account after a judgement in SC. It's consumer debt only. (Not VA disability)

If I retired from the Military and get a judgement against me for an unpaid credit card, can the money be taken from my bank account? This is not VA disability it's a military retirement pension paid monthly. I have consulted many lawyers and received conflicting opinions.

D. Nathan Davis answered on Jun 14, 2018

Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's money,... Read more »

View More Answers

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 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 »

2 Answers | Asked in Bankruptcy for South Carolina on

Q: I have a loan against a CD and I was wondering if I claim bankruptcy will they take the CD? South Carolina

D. Nathan Davis answered on Apr 9, 2018

The lender will offset the amount owed against the CD. The reason the bank accepted the CD was so it could ensure that it would be repaid at least the amount of the CD.

It is possible that the assignment was not done properly, however, that would be a long shot and should be reviewed by...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.