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South Carolina 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 Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Overview. We use State Farm for auto insurance. Got into car accident. State Farm determined car to be a total loss.

State Farm determined value of car. A State Farm claim rep called me and send they are emailing documents that need signatures (limited POA). I have not signed any documents yet. Despite this, the State Farm claim rep has already paid the financier (lien holder) without our knowledge. Irregardless... View More

Roy Willey
Roy Willey
answered on Sep 7, 2024

She should not take any actions on your behalf without your consent. It is not clear to me if this was a single car accident or if someone else was involved? But that can also have implications.

1 Answer | Asked in Criminal Law and Juvenile Law for South Carolina on
Q: Can I legally date my 17 year old partner once I turn 18 in South Carolina?
Casey Brown
Casey Brown
answered on Sep 6, 2024

The age of consent in SC is 16 years old. This does not apply if the "actor" is in a position of power with the other person such as a coach or teacher etc. Everyone has a specific facts that apply to them so it could be important to speak with an experienced criminal defense attorney to... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for South Carolina on
Q: Mortgage owner left wants to give selling rights to my mother she needs help reviewing and setting up POA, who can help?

My mother was dating a man who took out a mortgage for the home they live in. He left the home due to a dispute, wants to do what is best for her and is asking her to sell home through a lawyer, she is in need of someone to settle this situation civilly with his lawyer, help her review and... View More

Liscah Isaboke
Liscah Isaboke
answered on Sep 5, 2024

Your mother should consult a real estate attorney to help navigate this situation since she’s not on the mortgage. The attorney can review the mortgage and title documents, ensure any agreement with her former partner is legally binding, and negotiate terms with his lawyer. A Power of Attorney... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: how long do I have to get my personal property out the vehicle after its been towed and impounded. The owner of

the impound wants to charge me to get my personal property. Can he do that?

James L. Arrasmith
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answered on Sep 8, 2024

When your vehicle is towed and impounded, you generally have a right to retrieve your personal belongings. The timeframe to do so varies by state and local laws, but it's often within a few days. You should check with the impound lot or your local law enforcement agency for the specific time... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: 2 people left property.Asked if I wanted to buy other out or agree to sell for offer.Told I would have to bid higher.??

Both left equally.Both were executors, but I signed over to him in order for him to pay the bills without me having to be there. At first he wanted me to sign a quit claim deed for $13,000. My half would be $6500. He told me that was what the property had been appraised for. He also told me that... View More

James L. Arrasmith
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answered on Sep 8, 2024

It sounds like you are in a situation where the other executor is trying to negotiate terms that may not seem fair. Since both of you have an equal share in the property, you have the right to negotiate a buyout based on the actual value of the property. If he initially suggested a buyout price of... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: if your homeless but have a car and your working on getting on your feet is it ok to sleep in your vehicle

I have a friend and she’s trying to find resources and has to wait but she’s looking for a job and she’s a clean person. Is it legal to sleep in your vehicle so long as she’s working on trying to get on her feet?

James L. Arrasmith
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answered on Sep 8, 2024

It's good to hear that your friend is working hard to get back on her feet. In many places, it's not illegal to sleep in a car, but the rules can vary greatly depending on the city or state. Some places have specific ordinances that prohibit sleeping in vehicles overnight, especially in... View More

2 Answers | Asked in Contracts, Civil Rights, Elder Law and Government Contracts for South Carolina on
Q: After leasing this low income apt 1 month ago. I.find out every one has bedbugs Can I get my deposit s back to moved

Do they have to tell me a bout this bed bug problem before or when I rent

Greenville SC

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2024

Bedbugs can often be a difficult case to establish. They can be argued from various different angles, a common one being that they are attributable to a claimant's personal belongings and laundering practices. Good luck

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1 Answer | Asked in Consumer Law, Family Law, Personal Injury and Tax Law for South Carolina on
Q: How do i access all trusts and funds that for lack of knowledge of said funds i do not currently obtain access.
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answered on Sep 2, 2024

To access trusts and funds you may not currently have access to, you first need to identify any and all potential trusts or funds that could be in your name or where you might be a beneficiary. Start by reviewing legal documents such as wills, trust agreements, and financial statements that might... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hi, I am trying to find out if the men that killed my boyfriend in 1997 are still in prison or not.

State vs. Dickman

341 S.C. 293 (2000)

534 S.E.2d 268

Ryan D Templeton
Ryan D Templeton
answered on Aug 30, 2024

Yes, according to the SCDC website he (Dickman) is still incarcerated with a projected release date of October 14, 2027.

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: If i had a warrant for a crime i didnt commit and have not been convicted but was arrested and bonded out can I sue?

I am being charged for possession of a stolen fire arm but I didnt commit the crime and have proof I was wrongfully accused.

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answered on Aug 31, 2024

You may have grounds to sue, but it depends on several factors. First, you must focus on proving your innocence in the criminal case. The most important thing is to gather and present your evidence to show that you were wrongfully accused.

If the charges are dropped or you are acquitted,...
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1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for South Carolina on
Q: Can I use publicly available videos if someone says 'Yes' in a direct message on social media?

I run a marketing company. I sell social media short video services. To make the short videos, I repurpose existing videos. I've gained access to these videos by asking people online if I can use their videos for this exact purpose. They will simply reply back with 'Yes' or... View More

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answered on Aug 31, 2024

While receiving a "Yes" or "Sure" in a direct message provides some level of permission, it may not be enough to protect you from potential legal issues. Verbal or written informal agreements, like those made in social media messages, might be considered valid, but they can be... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Should I ask for a meeting with the Solicitor to make sure she realizes that my ex has a pattern of abusive behavior?

My ex is on probation and violated the restraining order. If found guilty he could have to serve his sentence. He has violated the order of Protection multiple times and quite a few of those violations have never been addressed. Should I ask to meet with the Solicitor and share this info with... View More

Casey Brown
Casey Brown
answered on Aug 29, 2024

You may call the victim's advocate with the solicitor's office or the solicitor themself and let them know what you are experiencing. There are many rights under the Victims Bill of Rights that you should have been informed of in this matter. Sometimes it can be helpful to retain an... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: is an LLC operating agreement valid without forming an LLC
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answered on Sep 11, 2024

An LLC operating agreement isn't valid without actually forming an LLC. The operating agreement is a legal document that outlines the ownership and operating procedures of a Limited Liability Company (LLC). Without creating the LLC through proper registration with the state, the operating... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

When you refuse to allow an officer to search your vehicle, it’s important to know that this alone does not give them probable cause to accuse you of being under the influence. However, if the officer genuinely believes you are impaired based on their observations—like your behavior,... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

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answered on Aug 31, 2024

In South Carolina, if you refuse to allow an officer to search your vehicle, that alone does not give the officer a reason to claim you're under the influence. However, officers may use other observations, like the smell of alcohol, slurred speech, or erratic behavior, to justify their... View More

1 Answer | Asked in Uncategorized for South Carolina on
Q: Is the car still mine legally?

I was in a relationship for 5 years and now she wants to break it off. I bought 2 cars. One "for her" and one for me. I paid for it with cash, with no payments. I own it. Nothings in writing and there's no written agreement saying that i gave it to her. She doesn't even drive... View More

James L. Arrasmith
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answered on Sep 14, 2024

Based on the information you provided, the car is legally yours. Since your name is on the bill of sale and the title, and there is no written agreement or formal transfer of ownership, you retain legal ownership of the vehicle. The fact that you paid for the car and have not transferred it over to... View More

1 Answer | Asked in Probate, Bankruptcy and Real Estate Law for South Carolina on
Q: It a home was foreclosed on during a probate case, can they legally sell it before the case is closed?

My dad filed bankruptcy the week before he passed away from cancer in which the court dismissed due to his passing. Our home was sold at the county auction and we were gave not even 2 weeks to get out and when I asked for 30 days, they got a writ of ejection that stated 30 days (something I... View More

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answered on Aug 27, 2024

It’s possible for a home to be sold during probate, but specific rules need to be followed. In your situation, where the house was sold at a county auction while your father’s probate case was still open, the sale may have complicated legal factors. Generally, probate courts manage the... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: I live in South Carolina, I am 22 years old with no criminal history in any way. I have no CWP, can I conceal carry?

I noticed sections 16-23-20 still states that you need to be a valid CWP holder to conceal or open carry a firearm, but in contrast to that, “H. 3954 - Constitutional Carry Guidance” seems to state that I can openly/concealed carry without a CWP as long as the firearm is under 12 inches. It... View More

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answered on Aug 31, 2024

In South Carolina, the laws regarding carrying firearms can be complex, and it's important to understand the specifics to ensure you're following them correctly. According to Section 16-23-20, traditionally, you would need a valid Concealed Weapon Permit (CWP) to legally conceal or open... View More

1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: What's my case worth

I was parked in an alley and proceeded to walk into the store. I heard a horn honk and went back to my car and when I approached it was a security money truck. He waived at me and vice versa. I then went to get in my car and before I could open my door to the car he was behind me trying to pass... View More

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

A South Carolina attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to advise you on what your case is worth based on these limited facts. I'm sorry about your accident. I hope you're okay. You could probably get an idea of the... View More

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