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South Carolina Questions & Answers
0 Answers | Asked in Domestic Violence, Divorce and Family Law for South Carolina on
Q: Considering divorce and seeking safety after violent threats from spouse in South Carolina.

In South Carolina, I was caught having an affair, and my wife showed up with a gun at the park where I was. When I returned home, she shot out my tire. This behavior is new to me, as we've been married for most of my life. Our children are grown and not involved. I have since moved out of the... View More

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: How to transfer property title to my name in SC without an attorney?

My mother passed away in 2011, and my father, diagnosed with cancer in 2015, deeded his house and land to my sister before he passed away. My sister has now signed everything over to me. I want to get the property in my name, and we are considering doing a deed between us and having it notarized... View More

Anthony M. Avery
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answered on Apr 21, 2025

Obviously you are confused, as apparently the property is not signed over to you. Hire a SC attorney to draft the deed from Sister to you.

0 Answers | Asked in Child Custody, Gov & Administrative Law, Employment Law and Family Law for South Carolina on
Q: Can DSS present old criminal cases in court for custody issues?

I was not served until the day of court, where DSS presented my criminal cases and medical records. The court granted temporary custody of my son to my stepfather, and now I can't even take my son out for activities, like going to McDonald's. I want to go out of town to earn money for a... View More

0 Answers | Asked in Consumer Law and Contracts for South Carolina on
Q: Does a company have to honor a refund after sending confirmation?

I recently received a phone confirmation from a company stating that my refund would be processed and would appear on my credit card within 3-5 days. Approximately 3 hours after the call, I received an email from the company detailing the refund amount and the last four digits of my credit card.... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for South Carolina on
Q: Can I recover property taxes paid for a rental in SC?

I have been renting a house from a family member for 11 years, but there is no written lease. Over the past 9 years, I have had to pay the property taxes to prevent the county from taking the house, as my landlord continuously refused to pay them. I have bank records and receipts from the county as... View More

0 Answers | Asked in Contracts and Consumer Law for South Carolina on
Q: Can I get a refund for a moving deposit when the contingency plan didn't mention a signing deadline?

I contracted with a moving broker for a tentative move from South Carolina to California. They sent me a contingency plan, which I've signed, that stated I could cancel my move "with no penalties" by April 20 if I didn't get a job related to the move. When I called to cancel, I... View More

0 Answers | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: What is the minimum sentence for kidnapping in SC?

I'm seeking information on the potential sentencing for a kidnapping charge. My ex recently came to my workplace, locked the door, and physically assaulted me. He has a criminal history and currently faces charges of kidnapping, stalking, and second-degree assault and battery, with no bond... View More

0 Answers | Asked in Criminal Law, Civil Litigation and White Collar Crime for South Carolina on
Q: What are my legal options after an altercation led to legal issues?

I was involved in a physical altercation with a woman who has manipulated my family, resulting in them siding against me in this situation. I was arrested and spent a day in jail, released on a PR bond, with ongoing court proceedings since October last year. Despite having bruises and recording... View More

0 Answers | Asked in Criminal Law and Municipal Law for South Carolina on
Q: Impact of estreatment hearing after case disposal for failure to appear in Aiken, SC.

In Aiken, SC, I had a criminal case in municipal court for an open container charge. After failing to appear initially, I went before the judge three times, and the case was disposed of. Despite this, an estreatment hearing was scheduled due to the failure to appear. What becomes of this... View More

0 Answers | Asked in Civil Litigation for South Carolina on
Q: How to add defendants in a SC civil case after new evidence?

In a civil case in South Carolina, I filed a summons and complaint in December, and recently had a court hearing that the defendant didn’t attend nor responded to the complaint. My father, who was one of the plaintiffs, passed away right before the hearing, so I filed a motion to substitute him,... View More

1 Answer | Asked in Trademark and Intellectual Property for South Carolina on
Q: Can I use a trademarked symbol for memes if owner says they won't sue?

I am considering using a symbol for meme purposes that has been trademarked since 2017. The symbol has been around for decades and is widely recognized. The trademark owner has publicly stated in interviews and publications that they would not pursue legal action for using it. I have not reached... View More

James L. Arrasmith
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answered on Apr 16, 2025

You always need the right to use a trademarked symbol even for a meme. Public assurances that the owner won’t sue don’t legally strip away their enforcement rights, since non‑assertion statements can be withdrawn.

If you’re using the mark purely to comment on or parody the brand...
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1 Answer | Asked in Health Care Law for South Carolina on
Q: Can my doctor's office charge for providing my sleep test results without a visit?

I did an at-home sleep test two months ago and had to pay a significant amount out of pocket. Despite repeatedly calling my doctor's office for the results, they told me I couldn't get them unless I came in for an office visit. I was not informed beforehand that an office visit would be... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have the right to access your medical records, including test results, without being forced to schedule a visit. Under federal law, specifically the HIPAA Privacy Rule, a medical provider must provide you with a copy of your health information within a reasonable time when requested. They are... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Does a deed error with missing name part affect ownership proof and Real ID application in SC?

I discovered that the deed to my home, issued in 2022, does not include my full legal name, as it only contains the second part of my two-part last name. Although I haven't had to use the property record to prove ownership or residency yet, I'm concerned about this discrepancy, especially... View More

James L. Arrasmith
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answered on Apr 16, 2025

A deed that lists only part of your legal name can create confusion when trying to prove ownership or residency—especially for government procedures like obtaining a Real ID in South Carolina. Agencies typically look for consistency across your legal documents, including deeds, utility bills, and... View More

1 Answer | Asked in Education Law and Civil Rights for South Carolina on
Q: Can I sue the school for a teacher aide's public remarks about my autistic son's behavior and mishandling support in SC?

Can I pursue legal action against the school if a teacher aide publicly discussed my autistic son's behavior, specifically mentioning he scratched her child, while at the school pickup line? My son is in special education, and they have not provided adequate support for him. Recently, there... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, you may have grounds to take legal action if the teacher aide’s public comments violated your son’s right to privacy under the Family Educational Rights and Privacy Act (FERPA) or if those remarks caused reputational or emotional harm. Publicly disclosing identifiable information about... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: Fired after a month for alleged wage disclosure at Arby's without defense opportunity and concerns about theft pinning.

I was fired from my job at Arby's after a month of employment because the manager claimed I disclosed my hourly wage to coworkers, which I didn't do. I was not given any opportunity to defend myself. I recently learned that the company might be looking for someone to blame for alleged... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like your termination was handled unfairly, and you have valid concerns about the situation. First, you should request a meeting with your former employer or HR to formally ask for the reasons behind your termination. Make sure to document everything, including your request and any... View More

1 Answer | Asked in Agricultural Law and Real Estate Law for South Carolina on
Q: Brother wants to sell land deeded to me; my rights?

I currently own a piece of family land in South Carolina that my brother signed over to me about 10 years ago in an attorney's office without a written agreement. My brother, who has been paying the property taxes and has made improvements, now wants to sell his home and the land, but I do not... View More

James L. Arrasmith
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answered on Apr 12, 2025

If the deed to the land is in your name and was properly recorded, then you are the legal owner—regardless of who has been paying the taxes or making improvements. In South Carolina, once a deed is signed and recorded, ownership transfers, and your brother no longer has a legal claim to that... View More

2 Answers | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Family Law for South Carolina on
Q: How to obtain a divorce decree from 1982 in SC?

In 1982, I hired a lawyer in Oconee County, South Carolina, for my divorce. A summons and petition were filed and served to the defendant, and there's an affidavit of default on file, indicating the defendant did not respond. However, there is no divorce decree available, and the lawyer has... View More

Christopher Biering
Christopher Biering
answered on Apr 12, 2025

Your delimma presents a multitude of legal issues. While a longshot, I would likely want to explore the continuation of the original case in an effort to allow the relation back to date of filing for the defining of the marital estate. I would assume since that time you have acquired assets you... View More

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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for South Carolina on
Q: Jail refuses Hep-C medication & legal aid for relative; next steps?

I have a relative who is serving time in jail and has been diagnosed with Hepatitis C a few months ago. The jail refuses to provide his medication, citing that his insurance and Medicaid won't cover transportation of the medicine from the pharmacy to the jail. He has just had blood work done... View More

James L. Arrasmith
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answered on Apr 13, 2025

Your relative’s health and access to justice are both incredibly important, and it's clear you're doing everything you can to help. Under **SC Code of Law Title 24, Chapter 7, Section 24-7-110**, the jail has a duty to provide necessary medical care, including medication for conditions... View More

1 Answer | Asked in Gov & Administrative Law and Criminal Law for South Carolina on
Q: Why is my probation officer asking me to pay restitution through them instead of directly, as ordered by the judge?

I was sentenced to pay restitution, and my sentencing sheet specifies that I am to pay the victim directly, including their name and contact information. My probation officer insists I pay through them instead, claiming they are entitled to a 20% cut. I also pointed out an error on my sentencing... View More

James L. Arrasmith
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answered on Apr 12, 2025

Restitution Payment Analysis

The discrepancy between your court-ordered payment method and your probation officer's instructions represents a significant administrative conflict that warrants immediate clarification. Court orders, as reflected in your sentencing sheet, generally take...
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1 Answer | Asked in Immigration Law and Traffic Tickets for South Carolina on
Q: Will a speeding ticket misdemeanor affect my F1 visa status in South Carolina?

I'm on an F1 visa and received a speeding ticket (10 mph over the posted limit) in South Carolina in 2021. It was classified as a misdemeanor, and I paid the fine online without needing to appear in court or have fingerprints taken. With concerns about student visas being revoked for traffic... View More

James L. Arrasmith
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answered on Apr 11, 2025

Getting a speeding ticket while on an F1 visa can feel stressful, but in most cases, a minor traffic violation like this won't affect your visa status. Since you were only cited for driving 10 mph over the limit, paid the fine, and weren’t required to go to court or be fingerprinted, it’s... View More

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