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Questions Answered by D. Nathan Davis
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...
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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
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...
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1 Answer | Asked in Bankruptcy for South Carolina on
Q: How do i get a chapter dissmissed without using a lawyer
D. Nathan Davis
D. Nathan Davis answered on Apr 2, 2018

If you request that the case be dismissed, the Court will usually grant the request. If you had an attorney help file your case, that attorney is your attorney until the case is dismissed or the attorney is relieved from representing you.

You can write a letter to the Clerk of Court for...
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1 Answer | Asked in Civil Litigation and Consumer Law for South Carolina on
Q: If you are paying on an agreed amount on a debt can they legally put a judgement after the agreement was made?

Agreement with debt collector was made Aug 2016. They put a judgement/lien against my home Nov 2016. Can they legally do that after I was paying and still paying 18 months later? They take it out of my account automatically. I looked on the county clerk website and it states there was an ADR listed... Read more »

D. Nathan Davis
D. Nathan Davis answered on Mar 26, 2018

The answer is, it depends. The creditor may have already had the judgment recorded when you entered into an agreement to pay them. You may not have had as a part of the settlement an agreement that no judgment would be entered against you. (An attorney may have saved you from this issue.)... Read more »

1 Answer | Asked in Foreclosure for South Carolina on
Q: I have a timeshare located in South Carolina that I got in 2017. I lost my job and stopped paying. I have now received

A letter for non-judicial judgement. It says, Notice of default and intent to sell. I need to know what my options are if I can’t pay. It says I am not subject to deficiency, but I need to know what actually happens if foreclosure happens. Do I still owe?

D. Nathan Davis
D. Nathan Davis answered on Mar 26, 2018

Since the foreclosure is not seeking a deficiency judgment, you will not have to pay the mortgage after the property is sold. You may have liability for unpaid regime fees and assessments.

You are probably experiencing other financial issues, but, if this is reported to the credit bureaus,...
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1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: Can you put a down payment on a foreclosure house or does it have to be paid all cash ?

I have 3/4 of the money they are ask for the house.

D. Nathan Davis
D. Nathan Davis answered on Mar 18, 2018

Your question is unclear about the status of the foreclosure. If the property has been sold at a foreclosure sale and the lender has purchased the property, the lender can agree to any terms it wishes to accept. On the other hand, if the property is going to be sold at foreclosure sale, the... Read more »

3 Answers | Asked in Bankruptcy for South Carolina on
Q: I have a bankruptcy hearing tomorrow and my husband cannot find his ssn card. Is there something else we can use
D. Nathan Davis
D. Nathan Davis answered on Mar 6, 2018

Any government issued document that has a Social Security number on it. Military ID comes to mind. The problem is that it cannot be something you issued or your employer issued such as a W-2. Hope you can find it or try to go to Social Security office in the morning if the hearing is later in... Read more »

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1 Answer | Asked in Consumer Law for South Carolina on
Q: In my divoice decree my ex husband was ordered to pay a settlement when he retired due to being married over twenty year

He retired a few weeks ago. When should I expect my entitlement? Richardeen Shine , rshine1@netzero.net

D. Nathan Davis
D. Nathan Davis answered on Mar 5, 2018

I cannot be sure of the correct answer. There are many different possible responses. You may be entitled to a lump sum from your ex-husband's retirement account. If that is correct, you will have to contact the plan administrator yourself as your husband may no longer have an ownership... Read more »

2 Answers | Asked in Bankruptcy for South Carolina on
Q: I want to rebuild my credit while in Chapter 13. Is it ok to obtain a secured credit card?
D. Nathan Davis
D. Nathan Davis answered on Mar 1, 2018

Although there is no prohibition on obtaining a secured credit card, you are putting the cart before the horse. The real problem is that you cannot obtain credit while in a Chapter 13 case without Bankruptcy Court approval. No lender is going to lend you money until you complete the Chapter 13... Read more »

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1 Answer | Asked in Collections and Social Security for South Carolina on
Q: What can I do If I have no money for Doctors, medicine and food after paying credit cards with SS?Can they take my SS?

I am 76 in poor health, walk with a walker. I rent an apt, my car is old but paid for.

No money for Lawyer.

D. Nathan Davis
D. Nathan Davis answered on Feb 26, 2018

Your Social Security cannot be seized by a creditor to pay a bill. Unfortunately, a creditor may try to seize your money and then you may have to hire an attorney if a creditor does, in fact, seize your money.

You need to contact a local Legal Aid Office near you and schedule an...
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1 Answer | Asked in Consumer Law, Business Law and Municipal Law for South Carolina on
Q: What are the laws on selling alcohol in a drive thru convenience store in SC? Curbside sales, etc.
D. Nathan Davis
D. Nathan Davis answered on Feb 20, 2018

South Carolina has never allowed drive-through alcohol sales and it would take a change in the ABC Regulations to accomplish this. It is not believed that there is a chance such a rule would pass as the Mothers Against Drunk Drivers would come out in force to stop what they believe would encourage... Read more »

1 Answer | Asked in Banking and Consumer Law for South Carolina on
Q: according to SC laws pertaining to auto loans, are you allowed to make principal payments without being charged interest

I’m financed through ally bank and they are giving me a hard time with making an extra payment just toward my principal. They are tacking in interest for the month again. By law am I able to make just a principal payment without interest? And why is my payout higher than what is left on the car?... Read more »

D. Nathan Davis
D. Nathan Davis answered on Feb 13, 2018

You need to review the note and related documents. Under a standard amortization, you can make payments to principal.

If your loan was financed using the rule of 78's, then, you cannot pay principal as you are asking.

If the loan is a simple interest loan, you are charged...
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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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1 Answer | Asked in Bankruptcy for South Carolina on
Q: I owe just over $30,000 of credit card debt. I moved to England last year and plan on being here long term.

I’m a dual citizen of the UK & USA. I own no property, no car etc. in the US, all I have is a US bank account. I can’t afford my credit debt anymore, it just continues to grow. Can I file for bankruptcy? What would you recommend?

D. Nathan Davis
D. Nathan Davis answered on Jan 18, 2018

Since you are living in England, it is very unlikely that your creditors will go to the expense and trouble of bringing an action, obtaining a judgment and then making it a judgment under British Law so that the debt can be collected in the British Courts. I would probably advise you to not go to... Read more »

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for South Carolina on
Q: I was approved for a refinance but I did not receive any money after signing paperwork. Why?
D. Nathan Davis
D. Nathan Davis answered on Dec 18, 2017

On a refinancing, there are refinance loans where no money is given to the borrower. There is also cash out refinances where you refinance and also take out money against the equity in your home.

Based on the limited information you provided, I would guess that you had a straight...
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1 Answer | Asked in Foreclosure for South Carolina on
Q: My uncle passed away and his home went into foreclosure. Now the bank is saleing the home. Can I stop the sale with a w

Can I stop the sale with wills that my uncle left? Can the bank allow me to pay up the debt and then take over the loan?

Please send me an email to discuss possible hire.

D. Nathan Davis
D. Nathan Davis answered on Aug 4, 2017

If you are the heir and now the owner, the bank has to allow you to bring the loan current. You will also be responsible for all reasonable costs and expenses incurred by the lender. Once the sale is held, you will no longer be able to do this. Also, be sure that they amount owed does not make... Read more »

1 Answer | Asked in Foreclosure for South Carolina on
Q: I just got a sheriff's notification that I have to vacate the home I've been renting for years due to foreclosure

proceedings. I've been paying my landlord rent every month. Is this legal?

D. Nathan Davis
D. Nathan Davis answered on Aug 1, 2017

Tenants have certain rights under SC Law. A tenant is supposed to be given notice of the foreclosure proceedings. It is likely that mail was sent to the property address with the name tenant on it. You should contact the Master in Equity for the County that that property is located in who will... Read more »

3 Answers | Asked in Bankruptcy for South Carolina on
Q: Is it legal for credit card companies to withdraw money from your checking account if you're in bankruptcy?
D. Nathan Davis
D. Nathan Davis answered on Jun 5, 2017

If the credit card company is aware of the filing of the bankruptcy then it should not have withdrawn the money and doing so is a violation of the automatic stay which goes into effect when the case is filed.

If you told the credit card company not to draft money out of the account and...
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1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: My husband passed away 7 years ago with a mortgage in his name only that is now in default. Can they take my new home?

The mortgage was gotten about 20 years ago. He passed away 7 years ago and I continued to live in the house for 2 years before allowing someone to move in and take over the payments. The company never allowed me to put the mortgage in my name and the person has since defaulted on the payments and... Read more »

D. Nathan Davis
D. Nathan Davis answered on May 14, 2017

The issue is whether you were liable for the repayment of the money. This is done in most instances by a separate note so that a lender can go after someone, even if the property becomes worthless. Simply inheriting the interest of your deceased spouse does not make you liable for repayment of... Read more »

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