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South Carolina Civil Litigation Questions & Answers
0 Answers | Asked in Contracts, Business Law, Civil Litigation and Small Claims for South Carolina on
Q: What recourse do I have for a business partner that has opened a competing business and that's soliciting our customers?

Thank you very much in advance for your time. My partner and I opened a martial arts school together last year and formed an LLC in SC in which we each own 50%. Unfortunately, we made no partnership agreement and this was something that we were working on. Yesterday, my partner calls me out of the... Read more »

0 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Communications Law for South Carolina on
Q: In South Carolina, if a DSS case is unfounded, do they have to notify the non custodial parent of the report?

I have a young child, his father has never met him and does not want to. DSS just closed my investigation as unfounded (accused of street drug abuse, prescription drug abuse, and neglecting my child) and the report was certainly false and I believe my child’s father reported these heinous, untrue... Read more »

0 Answers | Asked in Civil Litigation for South Carolina on
Q: I suffer from the cosmic microwave background effect. I hear voices 24-7 or people talking to me. Is there any help???

It’s non stop and it says attorneys can cost up to thirty thousand. I’m tortured by it. Sometimes it’s worst than physical torture. I need help asap. My livelihood depends on it.

0 Answers | Asked in Real Estate Law, Civil Litigation and Construction Law for South Carolina on
Q: What do you do when you buy a newly built home with a Certificate of Occupancy and the setbacks incorrect?

I bought a home in Apr 22, In June, my neighbor had a survey done and I in turn had a survey done as well. Both surveys confirmed that the lot lines (setbacks) are incorrect. Who is responsible, the county or the builder? I know I need an attorney because neither wants to take responsibility.

0 Answers | Asked in Consumer Law, Small Claims, Civil Litigation and Probate for South Carolina on
Q: As a Co-borrower (listed first on title and on loan), what would it take to get myself removed from the loan and title?

The other borrower has the vehicle 100% of the time and I have no access to it. Additionally, they are habitually late on every payment. I am still paying insurance and taxes but would like to cease paying on this as well. I'm terrified the other party will wreck the vehicle and then stop... Read more »

1 Answer | Asked in Estate Planning, Contracts, Civil Litigation and Probate for South Carolina on
Q: How can I get an appointed attorney for a person with mental disabilities and poor. Trustee is stealing his money.

The petitioner is indigent, has mental and physical disabilities, the trustee has been committing frauds and not distributing his money so he can’t pay for an attorney. Can the court appoint an attorney and order the trustee to pay for it or get him an attorney probono? I have been assisting him... Read more »

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You should consult an attorney about appointing a guardian of the person because of his physical and mental disabilities.

1 Answer | Asked in Child Custody and Civil Litigation for South Carolina on
Q: My fiances ex keeps calling dss on us and now calling on the daycare where I work? She is doing this trying to get cust

She wants custody of the kids who my fiance has primary custody

Megan Hunt Dell
Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to document, document, document. You might also benefit from having a consultation with a lawyer who is experienced in both DSS investigations and private custody cases.

1 Answer | Asked in Civil Litigation and Nursing Home Abuse for South Carolina on
Q: is there a place that the public can check on wins or jury cases for a lawyer?
Roy Willey
Roy Willey
answered on Jan 23, 2023

Yes, if you know what you are looking for. When hiring a civil litigation attorney you should ALWAYS ask about their success in the courtroom with jury verdicts. This is not because your case will absolutely go to trial, it may not, but insurance companies know the lawyers that will go the... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for South Carolina on
Q: Hi, what would be the most common reason for this? I never resisted or assaulted anyone, I'm completely unknowledgable

I don't understand why I would be served this?

Casey Brown
Casey Brown
answered on Jan 23, 2023

More information is needed to answer your question. What were you served with, an arrest warrant, a subpoena, a civil lawsuit for damages?

2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for South Carolina on
Q: I’m curious on if i can take legal action for a situation that happened to me.

I rented a Uhaul truck from a facility and paid for it in full, and then on my drive home I was followed by police, pulled over, and then had 6 cop cars swarm me and demand i get out at gunpoint. I was detained, placed into handcuffs, read Miranda rights, and then told the truck was stolen. I did... Read more »

Roy Willey
Roy Willey
answered on Oct 17, 2022

You may have a defamation or false arrest claim. Either UHaul should not have reported that particular truck as stolen, or the police stopped the wrong truck (if there was another truck that was stolen and reported as such). Hard to tell who the actual legal claim is against, but you likely do... Read more »

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1 Answer | Asked in Civil Litigation for South Carolina on
Q: I have a judgement that was placed against me and I was served paperwork to show up and show cause as to why a receiver

of my property should not be appointed. What happens if I am not able to do so? The only income I have is income from for an injury annuity settlement from a car accident I was in at 3 years old and the VA pay I receive because I am a 100% total and permanent disabled veteran.

Anthony M. Avery
Anthony M. Avery
answered on Sep 12, 2022

You need a competent SC attorney to file a Notice of Exempt Property immediately. That Annuity may be partially or totally Exempt. You may lose it.

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Small Claims and Personal Injury for South Carolina on
Q: I and my dog were detained by law enforcement in a hot car. Despite my pleas to please let us out or to give my dog

Water or to let me turn on my car to provide AC for my dog, the policemen would not let me do anything to help my dog despite me pleading with them. My dog died of heat stroke. Can I hold those policemen responsible for Bear's death? I may be reached at:

Roy Willey
Roy Willey
answered on Jun 7, 2022

I am so sorry that happened to you. As to a case, potentially, yes but generally in South Carolina pets are only reimbursed at “market value” as property. However, you may also have a case against them depending on the nature of your detention. Be advised state agencies are subject to a... Read more »

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 »

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


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

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