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South Carolina Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for South Carolina on
Q: I am currently being sued by debt collector trying to sue on a private student loan from 2008. Isn't the SOL 3 years?

This loan was taken out in 2008 through BOA and no payment was even made because it was fraudulent. Now in 2020 this collection agency is suing. E despite the SOL being 3 years and from the evidence I have from the CFPB (Consumer Financial Protection Bureau) says that the SOL begins upon the first... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2020

Don't know about the SOL in South Carolina; but in Florida the SOL for this kind of debt is either 4 or 5 years, depending upon certain circumstances.

Rather than spending time asking lawyers here on Justia you should spend your time gathering all the evidence needed to show (1) the...
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1 Answer | Asked in Contracts, Foreclosure, Banking and Mergers & Acquisitions for South Carolina on
Q: What does GMAC, WVMF Funding, or RECAP have to do with this case?

Does it have something to do with the mortgage crash in 2008 through 2010?

Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

A South Carolina attorney could best advise, but your post remains open for five weeks. It's possible something inadvertently got left off in uploading your post - a case is not mentioned. Not every question is picked up, but you could try reposting, including the name of the case. Good luck... Read more »

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: What is statue of limitations on breach of an employment contract by the employer?
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Mar 27, 2020

The statute of limitations for breach of contract claims, including employment contracts, is three years in SC.

1 Answer | Asked in Contracts for South Carolina on
Q: We made a reservation at a hotel in Panama City Beach, Florida for mid April. Covid19 virus has closed the beach, bars.

The owner says we cannot get a refund because we did not purchase insurance. Our reply was that it's not our fault that everything has closed down and we intended on being there until the virus pandemic hit. We are not at fault neither is the hotel but what kind of vacation would it be when... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 24, 2020

Unless the hotel itself closes or otherwise does something that makes it impossible for you to stay there you will be unsuccessful suing the hotel. The room rate you paid is not contingent on the beaches in the area being open.

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: can a homeowner sue a contractor if the homeowner has never paid anything ?

Completed two repairs on clients home. He has never paid for either and now is trying to sue me in civil court??

Tim Akpinar
Tim Akpinar answered on Mar 8, 2020

More information is needed, such as if the suit is based on valid damages resulting from a breach. One option is to try to arrange a quick consult with a South Carolina attorney who handles contract matters to review the papers. Good luck

Tim Akpinar

1 Answer | Asked in Contracts for South Carolina on
Q: I lent someone 4k. he paid back all but 1800. ive got it on file with the county but he moved to NY after.

we had a written agreement of repayment. I filed it with the magistrates court locally and won the settlement. he was ordered to pay the money. i attempted to have the sheriffs office so a search and seizure but the debtor has moved to new york. Is there anything i can do now or am i just out the... Read more »

Ryan D Templeton
Ryan D Templeton answered on Mar 6, 2020

You can file that Judgment in the location where he has moved but you will need to contact an attorney in that area to assist you in the process of filing the judgment and collecting the money.

2 Answers | Asked in Contracts, Foreclosure and Real Estate Law for South Carolina on
Q: I purchased a home on foreclosure and months have passed but the bank still hasn't issued a title or deed to the house

how long the bank have to issue title without me getting some interest on the money I spent to purchase the house

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 23, 2019

Unless South Carolina is different from other states the deed was created on the day you closed on the purchase. There is no specific time-period for the lender to send you the deed. Call the local county clerk's office and ask if they can help you find a copy of the new deed in their official... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Business Law for South Carolina on
Q: Is a photographer required to refund a deposit if the session is cancelled d/t inclement weather? Mine refuses.

She says no refunds. Alternatively she has offered to notify me of future scheduled sessions. They’re few and far between.

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

It could depend on the terms of the underlying agreement between you and the photographer, in particular, what is said about the deposit. If that point is not addressed, it could be open to debate. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Landlord - Tenant for South Carolina on
Q: Need help regarding lease with two others that do not pay their rent.

In a year long lease with two others that is joint and severely. I have paid my rent on time and in full for the existing 6 months yet my two roommates are continually late on payments and have accrued late fees and bounced check fees on our account. About 2 month ago after they accrued a balance... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 4, 2019

If you are jointly and severally liable for the entire rent you have very limited options other than catching up the back rent and fees in order to stay in the property. Otherwise the eviction will likely go forward. Take a copy of the lease to an attorney and they might be able to give you some... Read more »

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for South Carolina on
Q: My dad bought a used camper—no written contract—& learned that the walls were rotted out. Too bad, right?

Purchase was from private individual.

Tim Akpinar
Tim Akpinar answered on Sep 15, 2019

A South Carolina attorney could advise you in the best manner, but your question remains open for two weeks. But as a general matter in most any jurisdiction, the recourses would be limited. It's a private sale sealed over a handshake, no warranties, and no contract. Don't beat yourself... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Legal Malpractice for South Carolina on
Q: Can your lawyer ask you to sign blank hearing papers without a court date filled set?

My attorney had me in emotional distress at our probate mediation, while he had me mentally under pressure after telling me that we were signing PR over to the plaintiff or its 5 to 10 years in prison he asked me to sign a paper stating my presence at mediation. It took me a minute but I was trying... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2019

I am sure most if not all experienced lawyers who read all the horrible facts you alleged and your extremely unusual question will have the same immediate response as I did: This is impossible.

On the other hand, if everything you say is 100% true your best option is to report your lawyer...
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1 Answer | Asked in Business Law and Contracts for South Carolina on
Q: Does the initial listing that you post when you’re selling a used item online account as a legal contractual offer?

Basically I was trying to sell my used computer and I posted it on various apps and online marketplaces and I forgot to take it down on one of them after I sold it. I just want to know if those initial listing are considered contractual offers or are they viewed more as invitations to offer or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2019

FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." In this case the amount of money involved is way too small to be of interest to most lawyers; and you are advised not to worry... Read more »

1 Answer | Asked in Contracts and Business Law for South Carolina on
Q: If I agree to custom order for a certain price, but don't say when payment is due, is the contract still valid?

Can I legally ask for payment of order upon completion of the client's custom order if the time of payment was not discussed in contract?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

Yes; and you do not have to give them whatever it is until you are paid.

1 Answer | Asked in Consumer Law and Contracts for South Carolina on
Q: Do I have the right to repair and deduct for a built in oven that has not been fixed
D. Nathan Davis
D. Nathan Davis answered on May 29, 2019

You must give your landlord a reasonable amount of time to repair the oven. You should probably give the landlord written notice if the oven is not repaired within a reasonable period of time, you will make the repair yourself and deduct the amount from the monthly rental payment.

You...
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1 Answer | Asked in Contracts, Intellectual Property, Lemon Law and Trademark for South Carolina on
Q: I traded our motercycle for a jeep about 3 weeks ago. Before doing so the owners of the jeep told us it had no issues.

We are now having to tow the jeep. It has many issues that we were not informed about before the trade. We have messages where the owner told us the jeep had no issues. The car clearly had issues as they started a mile from their house, where we signed titles over. Is their anything we can do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.

1 Answer | Asked in Contracts and Consumer Law for South Carolina on
Q: I recently leased a new car. The paperwork states 100 miles. I notice a week later it has over 800 miles on it.

The dealers paperwork was off by 700 miles. What recourse do I have? thanks

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2019

Go back to the dealership and have them amend the lease contract to state the correct number of beginning miles.

1 Answer | Asked in Contracts for South Carolina on
Q: If money given to me as donations is in an account with my name and designated by the mission organization who holds it?

The organization is saying I can now only use my money on a short term trip with them in the next three years. I was only committed to going with them because they were helping me get overseas to work with them long term & they never told me of any time limit.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 16, 2019

IMO, if the organization "gave" you the money upon condition that you make the trip overseas to go to work for them within the next three years, then you must either do that or give the money back--so they can use it to find another employee willing to move overseas to work.

1 Answer | Asked in Contracts for South Carolina on
Q: 1) if contract void can I get price paid + insurance + repairs + storage or 2) if voidable can I get money back & keep

Purchased used vehicle for trips from dealer paid cash. Told me he would mail title docs they were at other location of dealership ( in another state) month later docs reveal dealership never had title - I cannot get title or tags. See questions above. They don’t own vehicle so returning to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2019

You really need a lawyer. Hire one.

1 Answer | Asked in Contracts, Business Law and Construction Law for South Carolina on
Q: Can I be sued if hvac intermittently stops working in heat due to drain issue?

Hvac works in heat and ac but drain intermittently stops heat from working. Offered to pay for remedy by another company but was refused.

Tim Akpinar
Tim Akpinar answered on May 3, 2019

You could try reposting your question in the Landlord-Tenant section, since it hasn't been picked up in four weeks. You are correct in that it involves a contractual/business law matter, but you are speaking of remedies of a company that may have arisen under a lease. What you describe sounds... Read more »

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