Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by D. Nathan Davis
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... View 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... View More

View More Answers

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...
View More

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... View 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?... View 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...
View 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...
View More

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... View 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...
View More

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... View 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... View 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...
View More

View More Answers

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... View 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... View More

1 Answer | Asked in Bankruptcy for South Carolina on
Q: IF I FILL BANKRUPTCY WILL MY JUDGMENTS BE REMOVED OFF MY LICENSE???

15 YEAR OLD JUDGMENTS ON MY MD. SUSPENDED LICENSE? ?

D. Nathan Davis
D. Nathan Davis
answered on Apr 27, 2017

In most situations, a bankruptcy will get the judgment off your license so you can drive legally. The only exception is drunk driving without insurance. Many times you can get your license back once you file and not wait until you obtain your bankruptcy discharge.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: Please recommend a bankruptcy lawyer in Spartanburg.

Owe over 65k wish limited income and no employment.

D. Nathan Davis
D. Nathan Davis
answered on Apr 27, 2017

Lawyers in both Greenville and Spartanburg counties will be going to the same courthouse. My best advice is to the website for NACBA. (National Association of Consumer Bankruptcy Attorneys) There are a lot of good attorneys and going to this website will show you attorneys who actually practice... View More

1 Answer | Asked in Tax Law for South Carolina on
Q: What does nullo bono mean on my tax bill?
D. Nathan Davis
D. Nathan Davis
answered on Apr 27, 2017

I am assuming that you are referring to a property tax bill. nullo bono means many things, however, it is likely that the County realized that the tax bill was improperly issued. If this occurs, the County can issue a new bill that is correct. If you sold a car, for instance, the bill may be... View More

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.