South Carolina Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
South Carolina Questions & Answers
Q: Does a 3rd offense driving under suspension, non-dui related, carry an automatic jail time?
William James LaLima's answer
Yes. 90 days in jail (or house arrest) It is mandatory. I *have* persuaded the arresting officer to rewrite a DUS 3rd ticket to a DUS 2nd offense ... It saves the 90 days in jail, BUT the DOT will still punish you as if it is a DUS 3rd.
56-1-460(A)(2) ...
(c) for a third or subsequent offense, fined one thousand dollars, and imprisoned for up to ninety days or confined to a person's place of residence pursuant to the Home Detention Act for up to ninety days. No portion of a term...
Yes. 90 days in jail (or house arrest) It is mandatory. I *have* persuaded the arresting officer to rewrite a DUS 3rd ticket to a DUS 2nd offense ... It saves the 90 days in jail, BUT the DOT will still punish you as if it is a DUS 3rd.
56-1-460(A)(2) ...
(c) for a third or subsequent offense, fined one thousand dollars, and imprisoned for up to ninety days or confined to a person's place of residence pursuant to the Home Detention Act for up to ninety days. No portion of a term...
Q: My mom passed away she had a will to sell the house and divide. One passed away who will receive her share!
William James LaLima's answer
It really depends on the will. It also depends on when the other beneficiary died. Did they die before your mother or after? If the will does not specify, then usually the other beneficiary's heirs will inherit their share. But it 100% depends on the language used in the will.
It really depends on the will. It also depends on when the other beneficiary died. Did they die before your mother or after? If the will does not specify, then usually the other beneficiary's heirs will inherit their share. But it 100% depends on the language used in the will.
Q: my husband has a mortgage in his name only in sc. Am i responsible for the mortgAGE if he defaults on the loan
D. Nathan Davis' answer
The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan.
Of course, in any foreclosure, the lender will first have to sell the property and only if there is money still owing after the real property is sold will the issue of liability for any portion of the debt be established.
You need to...
The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan.
Of course, in any foreclosure, the lender will first have to sell the property and only if there is money still owing after the real property is sold will the issue of liability for any portion of the debt be established.
You need to...
Q: I need to get custody of my daughter back, and the man on the birth certificate is not the biological father.
Cheryl Ann Truesdale's answer
You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.
You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.
Q: If I'm an authorized signer on a corporate account, am I liable for any tax debt to the state or IRS?
Bruce Alexander Minnick's answer
Although it is impossible to predict what your future has in store for you, it is safe to say that merely being the bookkeeper and having signing authority on the company account--in and of itself--is not enough to tag you for some possible taxes due in the future. However, it is just as safe to say that if you are an active participant in any unlawful scheme to avoid state employment taxes or federal income taxes, you being a signatory on the corporation's bank accounts will make it difficult...
Although it is impossible to predict what your future has in store for you, it is safe to say that merely being the bookkeeper and having signing authority on the company account--in and of itself--is not enough to tag you for some possible taxes due in the future. However, it is just as safe to say that if you are an active participant in any unlawful scheme to avoid state employment taxes or federal income taxes, you being a signatory on the corporation's bank accounts will make it difficult...
Q: only way for me to have access to taxes paid to my husband that should rightfully be split betus is to file for div?
Bruce Alexander Minnick's answer
There probably are many good reasons for you to consider filing for divorce--but doing it just to try to get 50% of his tax refund is not one of them.
There probably are many good reasons for you to consider filing for divorce--but doing it just to try to get 50% of his tax refund is not one of them.
Q: I was injured 3x on dangerous property conditions on a lot I rent for a rv. Since I live here and not visiting, liabi
Carole Jean Hayes' answer
I do not think you finished your post! However, if you are aware of a negligent condition you will have a problem trying to sue if that is where you are going with this.....can't tell. I wish you well.
I do not think you finished your post! However, if you are aware of a negligent condition you will have a problem trying to sue if that is where you are going with this.....can't tell. I wish you well.
Q: Hi, I wanted to ask a question about foreclosure.
D. Nathan Davis' answer
First, since your check never cleared it would appear that the check was not received. Simply putting a check in the mail is not enough when you are behind this much on your mortgage. You needed to call the lender and make sure that money was received. You also needed to make sure that you sent the correct amount.
You have been served with and Summons and Complaint. You need to answer the complaint within 30 days of when you received the complaint. If you fail to respond, you will...
First, since your check never cleared it would appear that the check was not received. Simply putting a check in the mail is not enough when you are behind this much on your mortgage. You needed to call the lender and make sure that money was received. You also needed to make sure that you sent the correct amount.
You have been served with and Summons and Complaint. You need to answer the complaint within 30 days of when you received the complaint. If you fail to respond, you will...
Q: Can a credit card company take your home if they file a judgment against you in the state of South Carolina
D. Nathan Davis' answer
The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than this. Since the judgment is a lien against the property, you cannot sell or mortgage the property unless you resolve the judgment by obtaining a release of the property or paying off the judgment....
The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than this. Since the judgment is a lien against the property, you cannot sell or mortgage the property unless you resolve the judgment by obtaining a release of the property or paying off the judgment....
Q: How do you get a UCC lien from a shady company with a history of lost cases and tons of BBB complaints terminated?
D. Nathan Davis' answer
The only way to get a UCC terminated is to get the company that put it on to terminate the UCC statement. If the company refuses to terminate it, you can sue the company and get a Court order to terminate the UCC. These are filed in the Office of the Secretary of State and this Office cannot do anything to terminate a UCC without the company filing a termination statement or a Court Order from a Judge.
The only way to get a UCC terminated is to get the company that put it on to terminate the UCC statement. If the company refuses to terminate it, you can sue the company and get a Court order to terminate the UCC. These are filed in the Office of the Secretary of State and this Office cannot do anything to terminate a UCC without the company filing a termination statement or a Court Order from a Judge.
Q: Is there a statute of limitations for animal cruelty in South Carolina?
Carole Jean Hayes' answer
Absolutely call the police and the humane society. There is no statute of limitations on doing either.
Absolutely call the police and the humane society. There is no statute of limitations on doing either.
Q: I was stopped the other day by two local officers while leaving the pharmacy. Officer stated I was speeding and ran.
John W. Molony's answer
Contact a South Carolina criminal defense lawyer as soon as you possibly can, so that they can thoroughly review this matter for you.
Contact a South Carolina criminal defense lawyer as soon as you possibly can, so that they can thoroughly review this matter for you.
Q: Can a surviving spouse also claim their deceased spouse’s homestead exemption in SCarolina bankruptcy ?
D. Nathan Davis' answer
The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount. No one is sure if the amount would be the present amount for a person who is living.
You need to meet with an attorney who can advise you further in this regard. Creditors are likely not...
The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount. No one is sure if the amount would be the present amount for a person who is living.
You need to meet with an attorney who can advise you further in this regard. Creditors are likely not...
Q: Advised K1 visa has a 50/50 chance. age diff. 59-19 Advised using visa waiver & marry after day 61req change of status
Deron Edward Smallcomb's answer
Large age differences increase the difficulty of any marriage based petition. The options you are considering should be discussed with an experienced immigration attorney.
Large age differences increase the difficulty of any marriage based petition. The options you are considering should be discussed with an experienced immigration attorney.
Q: where do I go & how to get copies of bankruptcy discharge papers and proof bankruptcy is cleared.
Timothy Denison's answer
Go online to pacer.gov, create yourself an account, and then you will be able to download all of the documents you are seeking.
Go online to pacer.gov, create yourself an account, and then you will be able to download all of the documents you are seeking.
Q: Trying to work w/bank on lowering payments on motorhome so affordable. bank won't. letter cure default. what can bank do
D. Nathan Davis' answer
The bank has no duty to lower payments. Once the time runs to cure the missed payments, the bank can then take action to foreclose on the lien. If there is a foreclosure, the bank will sell the motorhome and if it sells for less than the payoff, they may come after you for the deficiency.
The bank has no duty to lower payments. Once the time runs to cure the missed payments, the bank can then take action to foreclose on the lien. If there is a foreclosure, the bank will sell the motorhome and if it sells for less than the payoff, they may come after you for the deficiency.
Q: I live in horror county Sc. Sheriffs judgment $2,200 against me. From a personal loan
1 Answer
| Asked
in
Consumer Law, Civil Litigation and Collections
for
South Carolina
on
Answered on Mar 3, 2019
Answered on Mar 3, 2019
D. Nathan Davis' answer
A judgment is a finding by a court that you owe money to someone. If you have assets, the sheriff can levy against the assets to collect the judgment. Based on what you are saying about assets and income, you probably qualify for legal aid.
The sheriff will ask you to pay the judgment, however, you can tell the sheriff that you cannot pay the debt. You have exemptions under South Carolina law that probably protect all of your assets against a collection. Wages cannot be garnished...
A judgment is a finding by a court that you owe money to someone. If you have assets, the sheriff can levy against the assets to collect the judgment. Based on what you are saying about assets and income, you probably qualify for legal aid.
The sheriff will ask you to pay the judgment, however, you can tell the sheriff that you cannot pay the debt. You have exemptions under South Carolina law that probably protect all of your assets against a collection. Wages cannot be garnished...
Q: How can a person have the same charge 3 times?
Stephen Grooms' answer
From your description the charging agency appears to be alleging that on 3 separate occasions your friend distributed and or manufactured a controlled substance. This is often the case when they have been building a case over a period of time against a defendant. You friend should strongly consider hiring a criminal defense attorney as soon as possible
From your description the charging agency appears to be alleging that on 3 separate occasions your friend distributed and or manufactured a controlled substance. This is often the case when they have been building a case over a period of time against a defendant. You friend should strongly consider hiring a criminal defense attorney as soon as possible
Q: What are my options for a 3rd surgery on the same shoulder when dr.said he don't after 2 surgeries
Ilene Stacey King's answer
I can only give you a very general answer as more information is needed to give you a specific answer. In general, the workers' comp carrier has to provide treatment that is recommended by the authorized treating physician. No one can force a doctor to do a surgery he/she does not want to do. If the authorized treating physician does not want to do another surgery, you could seek a second opinion with another specialist. You might be able to get the carrier to provide a second opinion, or...
I can only give you a very general answer as more information is needed to give you a specific answer. In general, the workers' comp carrier has to provide treatment that is recommended by the authorized treating physician. No one can force a doctor to do a surgery he/she does not want to do. If the authorized treating physician does not want to do another surgery, you could seek a second opinion with another specialist. You might be able to get the carrier to provide a second opinion, or...
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