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South Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: what can i do when my lawsuit was stolen
Tim Akpinar
Tim Akpinar answered on May 18, 2022

A South Carolina attorney could advise best, but your question remains open for a week. It isn't fully clear what you mean by lawsuit being stolen, but one possibility that comes to mind is that someone stole your identity and pursued a lawsuit (or a pending lawsuit you had already commenced)... Read more »

0 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Contracts for South Carolina on
Q: Yes I had a civil suit on a exbou friend of mine where he borrowed money to buy two motor cycle and won the suit but he

Sold one of the bikes whycase was pending paid 35 dollars tu have I file in court then25 dollars to have Anderson sheriff s office to s service them but they turn around sent them back to me and kept my 25.00 dollars two then he took the other bike was pose to work on it then said it got stolen... Read more »

0 Answers | Asked in Civil Litigation for South Carolina on
Q: Laws on someone taking car almost done paying for for being 4 days late on payment now wanting 1000 by sat or resells we

My husband buying truck from uncle/stepdad for 3grand put 2 grand down on it and deal was he held onto the title till paid off 500 month he was 4 days late because how he gets paid check wasn't in and came took the truck and now saying pay him grand by Saturday or he resells the truck and we... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for South Carolina on
Q: My mom owns her house and wants her boyfriend to move out because he has been drugging/stealing from her.

How do we go about this legally and without him hurting her? She's scared when she tells him to leave that he's going to get angry and try to hurt her. The last time she called the police on him, he told the police they were married and made it seem like she had mental issues, which she... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jan 25, 2021

Hello.

We are sorry to hear about these problems that your mother is having. No one should ever feel unsafe in their home.

The first thing that you should do is go down to your County Family Court, and speak to the Clerk of Court there. Tell them that you need an emergency...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for South Carolina on
Q: Is there someone who can help my son and I? Over 14,000 count of toxic black mold was found in our apartment.

A month after moving in my apartment, there was a faulty leak caused by building contractors, causing cracks through my kitchen ceiling, almost caving in on us and resulted in a widespread of mold. This year again over 14,000 count of toxic black mold has returned. I've done everything... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

A South Carolina attorney could answer best, but your question remains open for two weeks. I'm sorry for your heartbreaking and stressful situation. Unfortunately, as you've already learned on your own, mold cases can be difficult to find representation for. Many injury law firms do not... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for South Carolina on
Q: My landlord emailed me my lease on 10/15/20 but there is not dates on the lease. it states it’s a 12 month lease. valid?
Ryan Schmidt
Ryan Schmidt answered on Nov 2, 2020

Generally speaking, if both parties signed it and there is other evidence available of when it was signed and returned (emails, metadata, etc.) it is likely valid for 12 months from the date of signing. Alternatively, if there is a date block on the signature line, that date may be used. Lease and... Read more »

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for South Carolina on
Q: A person i was staying with has stolen 9 of my exotic birds. police wont help say it is civil. civil court is back loged

she is deliberating hidding them, i am afraid i will never see them again. please help

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Oct 11, 2020

How did the woman come to obtain the birds?

Without knowing this, specifically whether you entrusted her with the birds and she refused to return them, whether she broke in to somewhere and took them without your permission or knowledge, etc., it’s impossible to examine whether there is a...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for South Carolina on
Q: I am currently being sued by debt collector trying to sue on a private student loan from 2008. Isn't the SOL 3 years?

This loan was taken out in 2008 through BOA and no payment was even made because it was fraudulent. Now in 2020 this collection agency is suing. E despite the SOL being 3 years and from the evidence I have from the CFPB (Consumer Financial Protection Bureau) says that the SOL begins upon the first... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2020

Don't know about the SOL in South Carolina; but in Florida the SOL for this kind of debt is either 4 or 5 years, depending upon certain circumstances.

Rather than spending time asking lawyers here on Justia you should spend your time gathering all the evidence needed to show (1) the...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for South Carolina on
Q: I'm 1995, was convicted of murder in Union County, South Carolina.

Agree months ago, the victims family members wrote The Solicitors Office, The Clerk of Court, and The Department of Probation, Parole, And Pardon Services asking them to please release do to mercy /clemecy. Other members of The community also wrote The Department. No answer or response has been... Read more »

Stephen Grooms
Stephen Grooms answered on Feb 14, 2020

To be blunt, they do not have to answer the letters or open any investigation into a closed case for the reasons given. A judge and jury heard the case in 1995 and a decision was made. Reducing a sentence on the grounds that the interested parties now want mercy is not going to be possible without... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: can a homeowner sue a contractor if the homeowner has never paid anything ?

Completed two repairs on clients home. He has never paid for either and now is trying to sue me in civil court??

Tim Akpinar
Tim Akpinar answered on Mar 8, 2020

More information is needed, such as if the suit is based on valid damages resulting from a breach. One option is to try to arrange a quick consult with a South Carolina attorney who handles contract matters to review the papers. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Civil Litigation for South Carolina on
Q: Can a victim's family, after trial, and a guilty verdict, petition a court for a time/sentence reduction for an inmate?

My Brother was convicted of murder in 1995. Since then, the victim's family has written the judge and solicitors office to have his sentence reduced or pardoned. Can or do the victim's family have this authority since the solicitor is their attorney? Letter of forgiveness was sent in to... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

As a former state prosecutor I have never heard of a sentence reduction based on the request of the victim through the court system. Your best bet would be for the victim to contact the department of probation parol and pardons to request a pardon from the governor.

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for South Carolina on
Q: My dad passed away and my uncle took everything! They were in construction and property management. No will was found!

Do I have any options? I lost access to bank account and apartment! This was sudden and unexpected!

Tim Akpinar
Tim Akpinar answered on Sep 16, 2019

I'm sorry for your loss. A probate attorney would be in the best position to assess the situation. You could contact one of the attorneys on this site, contact an attorney on your own, or repost with the categories Probate/Estate Planning added. Good luck

Tim Akpinar

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for South Carolina on
Q: My dad bought a used camper—no written contract—& learned that the walls were rotted out. Too bad, right?

Purchase was from private individual.

Tim Akpinar
Tim Akpinar answered on Sep 15, 2019

A South Carolina attorney could advise you in the best manner, but your question remains open for two weeks. But as a general matter in most any jurisdiction, the recourses would be limited. It's a private sale sealed over a handshake, no warranties, and no contract. Don't beat yourself... Read more »

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2 Answers | Asked in Civil Litigation and Car Accidents for South Carolina on
Q: Should I tell the adjuster about the conversation the insurance representative, the owner of the vehicle and myself had?

I was in an accident on 8/8/19 but I wasn't injured. The FR 10 shows the other party for being at fault. On the TR 310 form the other party admits to making a right turn on red while I had the left green protected area. On 8/15/19 I write the owner of the vehicle. I explained to the other... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

You may but they won't care. Save it if you go to court.

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1 Answer | Asked in Civil Litigation, Civil Rights, Identity Theft and Landlord - Tenant for South Carolina on
Q: Hello my name is Taranika Can i sue the court for gross negligence. Because the judge never submitted a form four.

The judge order the defendant. To move me the defendant never moved me but they issued a rule to vacate but the judge nervous issued a form four but later Dismissed the case with prejudice after he granted negligence in court.

Gary Kollin
Gary Kollin answered on Jul 29, 2019

No.Judicial immunity

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Legal Malpractice for South Carolina on
Q: Can your lawyer ask you to sign blank hearing papers without a court date filled set?

My attorney had me in emotional distress at our probate mediation, while he had me mentally under pressure after telling me that we were signing PR over to the plaintiff or its 5 to 10 years in prison he asked me to sign a paper stating my presence at mediation. It took me a minute but I was trying... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2019

I am sure most if not all experienced lawyers who read all the horrible facts you alleged and your extremely unusual question will have the same immediate response as I did: This is impossible.

On the other hand, if everything you say is 100% true your best option is to report your lawyer...
Read more »

1 Answer | Asked in Civil Litigation for South Carolina on
Q: i got a letter from the Office of the Sheriff. It says "A Judgment has been filed with the Clerk of Court for Charleston

County. An Execution against Property has been received in this office for service".

Synchrony Bank is suing me for an old credit card debt How can i find out if a lean has been placed against my property and how to pay or settle the debt

Anthony M. Avery
Anthony M. Avery answered on May 13, 2019

It appears that you are being notified of a Levy of Execution against your Property. This may or may not have had an earlier attached Lien. Somebody appears to have already got a Judgment against you and are now trying to collect by grabbing your Property whether it has a Lien on it or not. The... Read more »

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... Read more »

D. Nathan Davis
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 Criminal Law, Civil Litigation and Communications Law for South Carolina on
Q: I'm being harassed by phone from a south carolina resident and I live in P.a..what are my options for filing suit?
John W. Molony
John W. Molony answered on Dec 18, 2018

As a South Carolina attorney I cannot speak to the law in Pennsylvania. In South Carolina in situations where one feels threatened or in need of protection, one can seek either a Family Court Order Of Protection or a Restraining Order from a Magistrates’ Court. One would seek an Order of... Read more »

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