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South Carolina Questions & Answers
1 Answer | Asked in Uncategorized for South Carolina on
Q: My parents took my iphone that was given to me as a gift from a friend and they wont give it back what should I do?
James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're experiencing this situation. It's important to approach your parents calmly and express how you feel about your iPhone being taken.

Start by having an open and honest conversation with them. Explain that the phone was a gift from a friend and why it's...
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1 Answer | Asked in Uncategorized for South Carolina on
Q: Is a marriage legal if the social security number used on the marriage license was not his?
James L. Arrasmith
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answered on Oct 16, 2024

Using an incorrect Social Security number on your marriage license can affect the legality of your marriage. Accurate information is essential when filing legal documents, and discrepancies may lead to questions about the validity of the marriage.

If the wrong number was used by mistake,...
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2 Answers | Asked in Products Liability and Civil Rights for South Carolina on
Q: I have a friend who gave me something and now wants it back

Yes well he emptys his storage buildian in my yard for a few days that turns into everything getting brought into my house because of the rain well it's still here he's nad at me and wants a few items back that he gave me well he gave me a rug a sound bar sold me a TV and he broke it... View More

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2024

A local attorney should be able to advise on the best and safest way to handle this, which could involve figuring out a way to let them have the property and being done with it. Good luck

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1 Answer | Asked in Contracts, Employment Law and Immigration Law for South Carolina on
Q: Can I sue my company?

I recently got a promotion for my company’s first overseas contract. Being the first, my company did not know all that was required to have me start work in the new place. So they sent me overseas with no mission visa and had me working for 3 months before allowing me to then go back to the U.S.... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm sorry you're experiencing this situation. It's important to reach out to a qualified attorney who can provide you with the appropriate guidance.

1 Answer | Asked in Criminal Law and Tax Law for South Carolina on
Q: 401k hardship withdrawal

I am looking to do a hardship withdrawal from my 401k. I am unsure how much i need. The IRS page states "qualified disaster distributions are permitted without regard to your need or the actual amount of your economic loss." Could I face legal action if I take out more than I need for repairs

James L. Arrasmith
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answered on Oct 9, 2024

When considering a 401(k) hardship withdrawal, it’s important to understand the specific requirements and guidelines set by the IRS. Qualified disaster distributions allow you to access funds without strictly needing to match your exact economic loss. This flexibility is designed to help you... View More

1 Answer | Asked in Probate for South Carolina on
Q: So I'm completely confused with what I need to do and how to start the probate process.

My father recently died and my mother passed in 2013, leaving me as the only child and beneficiary. However, my father has no will or trust nor did he set up POD or beneficiaries on any of his accounts. Cash assets are under $50,000, the only property is a couple of cars and some normal household... View More

Christian T. Wall
Christian T. Wall
answered on Oct 15, 2024

First of all, please accept my condolences on the loss of your father.

You will need to open up a probate estate with the probate court in the county he was living in when he died. Once the estate is opened and you are appointed the personal representative (what used to be called...
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1 Answer | Asked in Employment Law and Civil Rights for South Carolina on
Q: Salaried South Carolina employee tardies counted for termination but not required to clock in or out

If you are a salaried employee in South Carolina where you get a fixed salary each paycheck but you're not required to clock in or out how can being late to a shift be counted against you for termination?

James L. Arrasmith
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answered on Oct 10, 2024

I understand your concern about being a salaried employee who isn't required to clock in or out. Even without a time-tracking system, employers can still enforce attendance and punctuality policies. They may monitor your arrival times through managerial observation or other informal methods.... View More

1 Answer | Asked in Child Support and Civil Rights for South Carolina on
Q: How come I am paying CS, but I am being denied access to school events, medical & dental appointments. Is that Legal?
James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're experiencing these challenges. Paying child support fulfills your financial responsibilities, but access to your child's activities and appointments is governed by custody agreements or court orders. If these rights aren't being honored, it can feel frustrating... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: In reference to consumer debt, what are our options regarding unseen right to cure notice?

Plaintiff referred to right to cure but had no submitted evidence of. Judge denied their motion for summary judgement. Now they are showing a right to cure but we've never seen such and don't believe we ever received. There is no supporting evidence that shows delivery. What are our options?

D. Nathan Davis
D. Nathan Davis
answered on Oct 7, 2024

Can you convince a judge and/or jury that the notice was not received? Normally, the right to cancel is actually signed by the debtor at the time the debt is incurred. Make the creditor provide a copy of the form since you do not remember receiving it. In real estate, the receipt is signed and... View More

2 Answers | Asked in DUI / DWI for South Carolina on
Q: I was arrested on 9/27 for DUI. BAC .17 via Breathalyzer at the jail. Reason for stop was speeding. No Criminal Record!!

No Criminal History and Driving Record is pretty spotless. Should i just plead guilty since i blew and was well over? And is it possible that doing so will help possibly get me a lighter sentance, like maybe no jail time and just a fine with the mandatory IID, suspensions, and all the other things... View More

Casey Brown
Casey Brown
answered on Oct 7, 2024

Retaining an experience criminal defense attorney is a good way to make sure that your rights are upheld, the State has evidence to prove their case, and protect you as the matter proceeds through the legal system. DUI in SC is a nuanced law that has many different issues. The law has also changed... View More

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1 Answer | Asked in Car Accidents for South Carolina on
Q: i was involved in non at fault accident other party issued citation for failure to yiel my car is totaled!

My myself and my child were involved in a not at fault accident, pretty sure my car is totaled is 11 years old with over 120,000 and significant body and frame damage, I owe more of the vehicle than its worth about 6000.00 more, Im going through the responsible partys insurance they were in a... View More

Robert Fredrick Goings
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Robert Fredrick Goings
answered on Oct 7, 2024

If you have a balance remaining on the car loan that exceeds the actual cash value of the vehicle , the insurance company will likely not want to pay off the loan balance. The law states that you are only entitled to the actual cash value, but there are some legal argument that an experienced... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: How amend a death certificate of my death husband if he show in it as divorced, when I was married at time of his death

His brother said he was divorced, but I was married to him

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about the issue with your husband's death certificate. To correct the marital status, you should contact the vital records office or the agency that issued the certificate. They can provide you with the necessary forms and instructions to amend the document.... View More

1 Answer | Asked in Banking for South Carolina on
Q: Bank stock was considered abandoned by Computershare, allegedly because they claimed owner did not respond to letters,

I allege that i was never contacted in any capacity.

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry to hear about the difficulties you're experiencing with your bank stock and Computershare. It's frustrating to feel like your ownership hasn't been properly acknowledged.

First, gather all relevant documentation, including any records of your stock purchases...
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1 Answer | Asked in Family Law, Immigration Law and International Law for South Carolina on
Q: How do I go about suing my parents for lying deceiving and holding me hostage. Can i sue even if outside to country?

At the age of 8 my purported parents & I immigrated to the U.S. Under the guise of vacation, they brought me back to my home country three months shy my eighteenth birthday. It was all just a ruse to take charge of my life. Once arrived they told me they took me at birth falsified my document... View More

James L. Arrasmith
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answered on Sep 29, 2024

You have the right to seek justice for what you’ve endured, even if you are outside the country. You may be able to sue for fraud, deception, and emotional abuse, among other claims. It’s essential to document everything, including the false documents, the coercion, and the conditions they... View More

1 Answer | Asked in Criminal Law and Juvenile Law for South Carolina on
Q: My daughter is 17 and she will be getting charged with unlawful position of a firearm. Never any trouble with the law

What should I do first? She gave a firearm to a 14 year old boy and he fired it in the air. She took the gun without my knowledge from my truck console. The said she will be getting charged now. What do I do?

Casey Brown
Casey Brown
answered on Sep 30, 2024

An experienced criminal defense attorney should be able to help resolve the matter while keeping her rights intact. There may be defenses and mitigation unknown to the solicitor and law enforcement that would be very helpful for her case.

1 Answer | Asked in Civil Rights, International Law and Municipal Law for South Carolina on
Q: If I am a resident of a state (SC) and I move from one county to another, what's it take to make me a resident?

For example, if I move from Charleston county to Dorchester county. It was my understanding that if you're in that county for longer than thirty days, and you receive mail correspondence in that county, that you are considered a resident of that county. Is that wrong? Is there something... View More

James L. Arrasmith
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answered on Sep 25, 2024

When you move from one county to another within South Carolina, residency rules generally depend on factors like how long you’ve lived there and where you receive your mail. If you've been in the new county for more than 30 days and you’re receiving mail there, this is often seen as... View More

1 Answer | Asked in Estate Planning for South Carolina on
Q: Two sons, 1 living (personal rep) and 1 deceased. Is heir the 2 living daughters of deceased son or surviving spouse?

2.1. Igive and bequeath all my tangible personal property not otherwise disposed of to my children or whichever one or more survives me….

3.5.

To my spouse, if my spouse survives me.

If my spouse fails ot survive me, my Residuary Estate shall be divided into equal separate... View More

Christian T. Wall
Christian T. Wall
answered on Oct 15, 2024

Based on the limited information provided in your question, it appears that the estate should be divided between the surviving son and the children of the deceased son. The surviving son would get 50%, and if the two living daughters of the deceased son are the only issue of that son, they would... View More

Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More

1 Answer | Asked in Tax Law for South Carolina on
Q: Can a person that sold their home/property, which has delinquent taxes owed, to a broker/realtor back out of the sale?

It was sold to the realtor in May 2024 and is advertised online but hasn't been bought yet.

James L. Arrasmith
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answered on Sep 16, 2024

If you've sold your home or property to a broker or realtor and there are delinquent taxes owed, whether you can back out of the sale depends on the terms of the contract you signed. Most real estate contracts are legally binding, meaning once you've signed, you are committed to the sale... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I have a former employer threatening to enforce a non-compete against me. What should I do in this situation?

I am writing to remind you that pursuant to the provisions of your Nexstar compensation plan you are bound to certain post-employment obligations as follows:

Through March 25, 2025, you may not, whether directly or indirectly, with or without compensation, enter into or engage in the... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

You really need to take all your documentation about this job and your agreement to a local attorney. The laws vary greatly from state to state about these non-compete agreements. In some states they are not enforceable against ordinary employees at all, in other states they are fully enforceable,... View More

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