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South Carolina Small Claims Questions & Answers
0 Answers | Asked in Criminal Law, Civil Litigation, Libel & Slander and Small Claims for South Carolina on
Q: How to prove your innocent of malicious intent

How did they sign a warrant for my arrest based of the statement of a witness that was the so called victims best friend and was with him but I didn't do it so he is clearly lying

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Small Claims for South Carolina on
Q: My father in law passed away in February 2022. An unauthorized transfer of funds was made 6 months after his death.

He was a resident of South Carolina but his bank accounts were at a large National Bank office in California. My wife in South Carolina was the sole heir with ownership of the accounts and in July 2022 she received a call from an individual in New York purporting to be with the National Bank... View More

David H. Relkin
David H. Relkin
answered on Aug 16, 2023

You say that your wife spoke to a National Bank in New York. Then you say that the fraud was perpetrated by someone in Louisiana. I think that you need an attorney to handle this in New York. I don't know the amount of the fraud, but if it is over $25,000 then the case would be brought in the... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for South Carolina on
Q: Can I get a down payment back on a car if I never took the car from the lot

I put a down payment on a vehicle and signed the paperwork but the car dealership created a fake driver’s license for me to get licensing which is what has made me not want the vehicle after concentration he kept telling me it’s legal and I wouldn’t get into trouble which is the only reason I... View More

D. Nathan Davis
D. Nathan Davis
answered on Feb 23, 2023

My initial answer is yes, you should get your money back. Even though you signed the contract, you never took possession of the vehicle. The reason should not be an issue. You never took delivery of the vehicle so one of the conditions to make the contract never occurred.

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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for South Carolina on
Q: I was sold a car that had a 125-point inspection, took it to a mechanic and there were issues that should've been found

The car dealership advertises that they do a 125-point inspection and the issues that were found total up to almost $2,000. I researched what type of issues are looked at with this type of inspection, and with the information that I found there is no way that an inspection was done. Is this false... View More

David Andrew Maxfield
David Andrew Maxfield
answered on Aug 1, 2022

Potentially; SC has a Motor Vehicle Dealer's Act, which prohibits deception in advertising or in statements made to you about the condition of the car. So, if Dealer said it had done an inspection (in advertising or elsewhere) but did not really do one, Dealer could be sued under the... View More

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... View More

1 Answer | Asked in Collections, Probate and Small Claims for South Carolina on
Q: A creditor was granted a judgement against myself as a former personal representative of my mother's closed estate.

How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2021

Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.

1 Answer | Asked in Small Claims and Civil Rights for South Carolina on
Q: My gf/fiancé of 6 yrs and I just broke up. She was cheating. My truck loan is in her name but I make the payment. She

Has given me 30 days to pay her for it or give her the truck. Can she do that

Ryan D Templeton
Ryan D Templeton
answered on Dec 10, 2020

I would need some more information to answer this question but it is important to know how the truck is titled more than who's name is on the note/loan.

1 Answer | Asked in Small Claims for South Carolina on
Q: A Person acting a"friend" came to my house stayed for hrs after they left I noticed items gone. What can I do
Tim Akpinar
Tim Akpinar
answered on Oct 22, 2020

A South Carolina attorney could advise best, but your post remains open for two weeks. It could be a difficult matter to pursue, where it looks like it would be your word against theirs. If there was some sort of surveillance monitor or witness, that might change things. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims for South Carolina on
Q: Nephew's wedding was cancelled. Photographer will not refund. No contract was signed.

It was booked in January 2019. Photographer has also been charging them for emails, texts, and phone calls which was never disclosed. What can they do?

Ryan D Templeton
Ryan D Templeton
answered on Apr 7, 2020

A complaint can be filed in magistrate court as long as the amount is less than $7,500.00 and present this issue to a magistrate to resolve. It would probably be a good idea to speak with an attorney in your area to see if they might be able to help you with this. In some cases attorneys will take... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant and Small Claims for South Carolina on
Q: does one get in trouble for making too many 911 calls over noise complaints that are unfounded?

My friend’s neighbor in the apartment under her calls the cops on her probably once a month for having her TV too loud. I have been in her apartment when it happened. Not only was it not loud at all, it was in the middle of the afternoon on a weekend. Apparently she is known to do this with all... View More

Ryan D Templeton
Ryan D Templeton
answered on Dec 1, 2019

It is not unlawful to call 911 to report something like this but here is the statute on the unlawful use of 911 which might clarify what could make it unlawful suck as making a false report to 911.

SC Code § 23-47-80:

It is unlawful for a person anonymously or otherwise to:...
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2 Answers | Asked in Criminal Law, Car Accidents and Small Claims for South Carolina on
Q: Is it legal to take a picture of someone’s license plate at work? It’s for a hit and run I’m a victim of

A coworker hit my parked car and didn’t report it or give me her information and I want to take a picture of her license plate at work to proceed.

Gary Kollin
Gary Kollin
answered on Jul 19, 2019

It is legal to take photographs of things in public

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1 Answer | Asked in Constitutional Law, Consumer Law and Small Claims for South Carolina on
Q: We had a company come to the house sell us a $7500 water softener installed now they want $1900 to take it out 2 days la

2 days later it's always dripping and we weren't informed about a lot of hidden details about it. Can they charge us this money to take out the system?

D. Nathan Davis
D. Nathan Davis
answered on Jun 12, 2018

If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.

If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed...
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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...
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