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South Carolina Gov & Administrative Law Questions & Answers
Q: Can a tax accessor pick and choose who get a homestead exemption and deny them no matter the age disability or anything

I am 100 percent disabled and the tax accessor has refused to give my homestead exemption for years and now my house has sold and I’m about to be homeless . But he has told me I wasn’t old enough to get an exemption and I wasn’t disabled enough I need a divorce I wasn’t a legal resident of... View More

James L. Arrasmith
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answered on Sep 13, 2024

You may have grounds to challenge the tax assessor’s actions, especially if you believe you've been wrongfully denied the homestead exemption despite meeting the qualifications. In South Carolina, if you're disabled or over a certain age, you may be entitled to the homestead exemption... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for South Carolina on
Q: In the state of South Carolina, is the grantor signature needed in order for the grantee to become owner?

My uncle is the grantee of property that my father owned in SC. My uncle recieved the property through a tax sale and it was never redeemed. My brother and I were not aware of this. We received legal documents recently for both of our signatures to remove our interests or rights to the property.... View More

Anthony M. Avery
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answered on Jul 29, 2024

If the grantor does not sign, there is no transfer of title. Hire a SC attorney to search the title and advise what to do. If your Father lost the property in a Tax Sale, then he did not convey anything. Apparently the owner wishes to clear up the title cloud of the redemption that you might... View More

1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: I temporarily signed title of my vehicle over to family member for work but now they refuse to sign title back over
Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A South Carolina attorney could advise best, but your question remains open for a week. Unfortunately, DMV titles don't usually make a distinction between temporary or permanent transfer. They show ownership or transfer of ownership of a vehicle. The argument you make about the transfer being... View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for South Carolina on
Q: 1st grader with disability, having the protected by IDEA and ADA acts was being expelled without due process, can I sue?

7-year-old, first grader, in Georgetown County Public School District, Having an evaluation and diagnosis for a disability, We believe was a victim of discrimination and gross negligence, committed by both the public school itself, and the local County School District. Throughout the evaluation... View More

James L. Arrasmith
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answered on Jun 3, 2024

You may have grounds to sue the Georgetown County Public School District for expelling your 7-year-old without due process. Under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA), your child is entitled to specific protections and procedures,... View More

1 Answer | Asked in Gov & Administrative Law and Social Security for South Carolina on
Q: I need help trying to get my birth certificate and social security card because my mother won't give it to me
James L. Arrasmith
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answered on May 28, 2024

I'm sorry to hear that you're having trouble getting your important documents. To get your birth certificate, you can contact the vital records office in the state where you were born. They usually have an online application process or forms you can mail in. You'll need some... View More

1 Answer | Asked in Divorce, Civil Rights, Elder Law, Gov & Administrative Law and Family Law for South Carolina on
Q: What to do next?

He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?

James L. Arrasmith
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answered on May 24, 2024

If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or... View More

1 Answer | Asked in Contracts and Gov & Administrative Law for South Carolina on
Q: Why did the title to my old car come in the mail after I made the trade for a new car ?

I just traded my 2017 ford mustang in for a 2024 model, today the title for the 2017 came In the mail and it had my name listed as the owner , I’m confused as to why did the title come in my name ?

James L. Arrasmith
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answered on Apr 21, 2024

When you trade in a vehicle, the dealership typically handles the transfer of ownership and title to the new owner (which would be the dealership in this case). However, there can be a delay between the time you trade in your old vehicle and when the title transfer is officially processed by the... View More

Q: Is it illegal to share a room with my nephew who is a minor, if I his aunt, am an adult?

He is 11 almost 12, I am 22 almost 23. We can only afford a two bedroom apartment. I will hopefully be living with my sister and nephew. Unless this is against the law. I cannot find a definite answer online, hopefully you can help! Thanks!

James L. Arrasmith
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answered on Apr 6, 2024

In general, there are no laws that prohibit an adult from sharing a room with a minor relative, such as an aunt sharing a room with her nephew. Family members often share living spaces due to financial constraints or personal preferences.

However, there are a few considerations to keep in...
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Q: Is South Carolina state statute 16-11-620 appealable?

I was issued a trespass after notice form, even though I have not been on the properties in question for years (ome is a busimess we own 10% of, isnt this a civil rights issue to not allow me i.to a public place since I have never caused any type of trouble, etc?) and never did anything at their... View More

James L. Arrasmith
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answered on Dec 24, 2023

South Carolina State Statute 16-11-620, which pertains to trespassing after notice, can be subject to appeal under certain circumstances. If you believe the trespass notice was issued wrongly or violates your rights, particularly if it involves a property in which you have a legal interest, you may... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for South Carolina on
Q: My camper was stolen found now but don't have vehicle to retrieve it from where it was left can I get in trouble

My stolen camper was left at a house and the homeowner was told I said to bring it there. I did not. They want it gone but I don't have a way to go get it. I can't even get a ride to the home to talk to homeowners to ask for a few days to arrange way to have it moved police are telling me... View More

James L. Arrasmith
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answered on Nov 30, 2023

In South Carolina, if your stolen camper has been recovered and left on someone else's property without your consent, the situation is understandably frustrating and complex. First, it's important to recognize that the homeowner has the right to request the removal of the camper from... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for South Carolina on
Q: How many cars can I sell through an LLC?

I live in SC and I currently sell cars on the side as a hobby and I always stay under the limitations in regards to how many I'm allowed to sell without a dealers license. I got a bit curious today and I have a standing LLC under my name and was wondering if technically since my business is... View More

T. Augustus Claus
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answered on Sep 26, 2023

In South Carolina, the number of cars you can sell without a dealer's license is typically limited, and this limit applies regardless of whether you're selling them as an individual or through an LLC of which you're the sole owner. Generally, if you're planning to sell more than... View More

1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: Good Morning, I have a question regarding donating to a charity when a policy is issued to a client.

In reference to 2012 South Carolina Code of Laws

Title 38 - Insurance

Chapter 57 - TRADE PRACTICES

Section 38-57-130 - Misrepresentations, special inducements, and rebates prohibited on all insurance contracts.

3) No person may pay, allow, or give or offer to pay,... View More

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2023

Only a South Carolina attorney could advise, as you ask about a specific South Carolina statute. But your question remains open for two weeks. In terms of general commentary on your post, the gift to charity might be called into question as being an "indirect" payment or allowance. This... View More

1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: why wont any attorney fight for someone when the state converts a right into a privilege and charges a fee for it?
T. Augustus Claus
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answered on Sep 14, 2023

Attorneys decide whether to take on cases challenging the conversion of rights into privileges with associated fees based on factors like legal viability, costs, expertise, precedent, client goals, and ethical considerations. Legal viability and costs are crucial, while attorneys with expertise in... View More

1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: If I can no longer afford insurance for a period of time due to financial difficulties and I want to keep my car until I

am in a better financial situation to afford my insurance, what are the requirements in SC to take my car off the road temporarily. And, I am aware that I would not be able to drive my car until I can once again pay for car insurance. Thank you very much for your time.

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, it's possible you could get guidance from your state's department of motor vehicles. I hope things take a turn for the better and you're... View More

2 Answers | Asked in Gov & Administrative Law, Car Accidents and Insurance Defense for South Carolina on
Q: In 2015 we were told by our State Farm agent we could reduce our premiums by dropping underinsured motorists coverage

At the time, I was being hospitalized to have a stem cell transplant to survive an aggressive form of non Hodgkin lymphoma. We agreed to drop the underinsured coverage at a time when I was I jeopardy of dieing if I did not undergo the procedure. Arguably we were not thinking clearly to agree to... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 1, 2023

Have the signed form reviewed by experienced personal injury attorneys in your state.

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1 Answer | Asked in Gov & Administrative Law and Employment Law for South Carolina on
Q: I am a reserve deputy in training in Richland county and a private security company would like to hire me is it lawful?

I just would like to know if there is a possibility to do both because SLED is telling me I’d have to quit my reserve position. Thank you for your time! Have a blessed day!

Rhiannon Herbert
Rhiannon Herbert
answered on May 17, 2022

More information is needed to answer this question. However, if you signed an agreement or contract as a reserve deputy, this is the first place you should turn regarding whether you are permitted to pursue other employment.

Q: Can the law legally hold my truck and impound when it wasn't part of my charges or fines for being arrested

What I was trying to say and not so many words is I got charged with the drugs but there's no charge or fines or tickets if anything to do with the truck how can they hold it

Peter David Brown
Peter David Brown
answered on Sep 2, 2021

IF the arresting agency alleges that the vehicle was used in the futherance of the "criminal enterprise" they can seize it.

(for example: you were stopped with the drugs in the vehicle)

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Criminal Law for South Carolina on
Q: A convicted felon have a saw off shotgun and kill a man with the saw off shotgun what are the state charges
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on May 30, 2021

Hello,

The likely charges are as follows:

Murder;

Possession of a Weapon during the Commission of a Violent Crime.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and White Collar Crime for South Carolina on
Q: If a case was dismissed am I a convicted felon

I'm applying for an insurance license n I have a dismissed case. Legally what should I do

Michael Hajarizadeh
Michael Hajarizadeh
answered on Sep 25, 2017

I am an attorney in Oregon so keep in mind that SC law is likely different there. First, there may be a difference on what you need to and can do depending on what occurred in your case. Most legal matters are fact specific. For instance, if the prosecutor brought charges against you and then... View More

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