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South Carolina Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for South Carolina on
Q: Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Section of the consent agreement in question:

20. Other Property. Father shall pay directly to Mother, One Hundred Thirteen Thousand Eight Hundred Eighty-Four Dollars and Fifty... View More

Christopher Biering
Christopher Biering
answered on Jan 11, 2024

For a comprehensive answer to your question, a review of the entire agreement would be required. The clause presented alone suggests that personal property is still subject to being divided. It would also be important to know the time that has elapsed since the divorce, and whether previous... View More

2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy, Consumer Law and Contracts for South Carolina on
Q: When should I file a motion to compel arbitration in South Carolina?

I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?

James L. Arrasmith
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answered on Jan 3, 2024

In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for South Carolina on
Q: When going through divorce, other party doesn't do their part in discovery at all. Is that illegal?

I had family law attorney. My ex said I committed adultery which is false. His attorney said I was barred from spousal and alimony. Yet going on almost a year now no proof shown. My ex didn't do nothing in discovery for mediation. The attorney I had gave him more time to get in. My ex and his... View More

Megan Hunt Dell
Megan Hunt Dell
answered on Aug 25, 2022

Each party has an obligation to respond to discovery under the Rules of Civil Procedure. When one party fails to do so, then the Family Court has to be made aware of the failure (by way of a motion), and then the Court can order the non-compliant party to provide the discovery and issue sanctions... View 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... View 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... View More

1 Answer | Asked in Arbitration / Mediation Law for South Carolina on
Q: Hi... Should the charging party raise the points of concern during mediation? Or is this the role of the mediator?

I have an employment issue.

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2019

As a general matter in arbitrations and mediations of any type, the party who would raise points of concern is usually the one who would be adversely impacted by the points going unchallenged into the record to be used by the arbitrator or mediator. Both sides are presenting their versions - both... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for South Carolina on
Q: My dad passed away and my uncle took everything! They were in construction and property management. No will was found!

Do I have any options? I lost access to bank account and apartment! This was sudden and unexpected!

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2019

I'm sorry for your loss. A probate attorney would be in the best position to assess the situation. You could contact one of the attorneys on this site, contact an attorney on your own, or repost with the categories Probate/Estate Planning added. Good luck

Tim Akpinar

Q: Can a Home Owner's Association auction off a home without informing the owner who still has an up to date mortgage?

The owner says someone purchased his home at an auction. The person now has a foreclosure on credit report despite the fact the mortgage is current. What recourse does the individual have?

Gary Kollin
Gary Kollin
answered on Jul 20, 2019

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Not true. Was it a tax deed and not THE HOA?

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