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South Carolina Questions & Answers
2 Answers | Asked in Criminal Law and Gov & Administrative Law for South Carolina on
Q: Impact of Georgia probation violation on South Carolina probation

I have a probation violation for possession of meth and Xanax in Georgia, along with an outstanding warrant. Georgia has not extradited me, and I was released from jail twice. Currently, I'm on probation in South Carolina. My South Carolina probation officer has recently learned about my... View More

Casey Brown
Casey Brown
answered on Jun 12, 2025

One of the many conditions of probation is that the person is not to be rearrested. This is an interesting condition as most people do not want to be rearrested. But with a new charge the probation agent could decide to hold an internal meeting and then could decide to petition the Court for a... View More

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2 Answers | Asked in Insurance Bad Faith and Health Care Law for South Carolina on
Q: Insurance denial for critical hospital stays due to high blood sugar over 1000.

My insurance is denying payment for both of my critical hospital stays. These stays were necessary due to high blood sugar levels over 1000, which required immediate medical attention. Although my doctor confirmed the necessity, the insurer claims it wasn't necessary. I have received... View More

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2025

A South Carolina attorney could advise best, but your question remains open for a week. Check the fine print on the denial and what options it outlines, whether civil suit, arbitration, appeal, complaint, or other. If you are unable to resolve, even with additional supporting documentation for the... View More

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2 Answers | Asked in Probate, Estate Planning and Tax Law for South Carolina on
Q: How to distribute $180K from joint bank accounts without tax consequences in SC?

As the personal representative of my mom's estate in South Carolina, I'm responsible for distributing her assets, including two bank accounts totaling $180K, which I held jointly with rights of survivorship. I intend to split these funds 50/50 with my sister, per the will. The estate does... View More

Anthony M. Avery
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answered on May 19, 2025

If you were a joint owner with your Mother then you own the account at her death and the Estate is not involved and does not pass through the Will. Check the signature card carefully. I know there are State taxes in SC, so that is your worry besides possibly a gift tax on the money going to... View More

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2 Answers | Asked in Education Law, Civil Rights and Internet Law for South Carolina on
Q: What can I do if another student recorded my child in a school bathroom and posted it online?

I need legal advice regarding an incident at my child's school where another student recorded my minor child in a bathroom stall and posted the video on social media. I have video evidence, but the school is not yet aware of the situation as I only found out today. I plan to speak with them on... View More

Jeremy Malcolm
Jeremy Malcolm
answered on May 17, 2025

I’m so sorry that your family is going through this. Here are some important steps to consider:

1. Document Everything

• Preserve the video evidence, including the original video and any screenshots or metadata (timestamps, usernames, platform), but do not upload it or copy it...
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2 Answers | Asked in Consumer Law, Banking and Real Estate Law for South Carolina on
Q: How to handle credit report errors and obtain vehicle title after loan settlement?

I'm experiencing issues with an auto loan I settled as paid in full in December 2023 with a South Carolina company. Despite the account being closed on my credit report, late payments are still reflected, impacting my credit score. I've attempted to dispute these negative marks twice... View More

Daniel Cohen
Daniel Cohen
answered on May 16, 2025

As a consumer protection attorney, here’s how I’d advise handling this situation:

First, regarding the credit report errors: Since the late payments remain after your disputes with Equifax, escalate the issue by sending a formal, certified dispute letter to Equifax, clearly stating that...
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2 Answers | Asked in Real Estate Law and Contracts for South Carolina on
Q: Best way to transfer SC property with loan within family?

I own properties in two counties in South Carolina, both under sole ownership. I'm looking to transfer these properties to family members. One of the properties has an existing loan. What is the best way to handle this transfer within the family, considering these factors?

Anthony M. Avery
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answered on May 2, 2025

You have not stated what you want to happen with the properties. Hire a competent SC to consult with as you need to tell him what you want to do. There is usually no best way, just alternatives to choose from. Deeds take effect now, wills only control when testator dies and the will is filed... View More

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2 Answers | Asked in Consumer Law and Contracts for South Carolina on
Q: Does a company have to honor a refund after sending confirmation?

I recently received a phone confirmation from a company stating that my refund would be processed and would appear on my credit card within 3-5 days. Approximately 3 hours after the call, I received an email from the company detailing the refund amount and the last four digits of my credit card.... View More

Patrick A. Twisdale
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answered on Apr 23, 2025

Whether the company must honor the refund may depend on whether a binding contract was formed, which typically requires offer, acceptance, and consideration. If the refund was simply a voluntary promise without any action or agreement from you in exchange, there may be no enforceable contract due... View More

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2 Answers | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Family Law for South Carolina on
Q: How to obtain a divorce decree from 1982 in SC?

In 1982, I hired a lawyer in Oconee County, South Carolina, for my divorce. A summons and petition were filed and served to the defendant, and there's an affidavit of default on file, indicating the defendant did not respond. However, there is no divorce decree available, and the lawyer has... View More

Christopher Biering
Christopher Biering
answered on Apr 12, 2025

Your delimma presents a multitude of legal issues. While a longshot, I would likely want to explore the continuation of the original case in an effort to allow the relation back to date of filing for the defining of the marital estate. I would assume since that time you have acquired assets you... View More

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2 Answers | Asked in Animal / Dog Law, Civil Litigation, Products Liability and Personal Injury for South Carolina on
Q: How to join a class action lawsuit as a plaintiff for pet damages?

I would like to know how to join a class action lawsuit against a manufacturer whose product caused damages to my pet, including muscle control loss, paresis, recumbency, and a UTI. I have already opened a case with the manufacturer but am not yet part of the lawsuit. What steps do I need to take... View More

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2025

I'm sorry about what your pet is going through. You'll need to search online for information about the case, and contact the administrator or one of the managing attorneys. If an attorney is handling your current case on an individual basis, first discuss with them and let them know about... View More

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2 Answers | Asked in Identity Theft, Consumer Law and Employment Law for South Carolina on
Q: Do I have to pay for fraudulent utility accounts in my name in SC?

I recently discovered that multiple utility accounts were fraudulently opened in my name, resulting in my electricity being cut off. The energy company informed me over the phone that I must pay $4,900 within 24 hours, but I have no knowledge of who committed this fraud or how it happened. I... View More

D. Nathan Davis
D. Nathan Davis
answered on Apr 10, 2025

Welcome to the world that we live in now. Fraud is everywhere and the first step is to contact your local police department. After that, you need to contact the customer service at the electric company and talk with them. The power company is going to assume you are wrong and it is your job to... View More

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2 Answers | Asked in Contracts and Employment Law for South Carolina on
Q: Is a 2-year, 100-mile radius non-compete for a 1099 contractor in photobooth industry enforceable?

I am working as a 1099 contractor in the photobooth industry and have signed a two-year non-compete agreement with a 100-mile radius restriction. There was no compensation or benefits added for agreeing to this non-compete clause. Is this contract legally enforceable?

Patrick A. Twisdale
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answered on Apr 10, 2025

Every situation is different and a full analysis of your particular matter would be necessary. However, generally, South Carolina allows non-compete agreements to be enforceable as long as they are "reasonable" and "necessary" to protect a legitimate business interest which is... View More

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2 Answers | Asked in Probate and Legal Malpractice for South Carolina on
Q: Can lawyers drain an estate by changing hands & making mistakes?

I'm dealing with an estate proceeding in South Carolina where three different lawyers from the same law group have consecutively handled my case without notifications when the changeovers occurred. They've been charging an hourly rate directly from the estate itself. I'm concerned... View More

Patrick A. Twisdale
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answered on Apr 10, 2025

In South Carolina, individuals involved in legal disputes who have concerns about attorney conduct may wish to review the South Carolina Rules of Professional Conduct, particularly those relating to communication, fees, and competence. For example, Rule 1.5 addresses the requirement that attorney... View More

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Q: How to cancel annuity signed without authorization in SC?

My mom is planning her retirement, and recently, we worked with an agent to move her federal savings into a SPIA annuity account. However, we discovered that the agent electronically signed my mom's name on the annuity application without her knowledge or authorization. He claims that to... View More

D. Nathan Davis
D. Nathan Davis
answered on Apr 8, 2025

I am questioning if your mother did not authorize an electronic signing. I am guessing that this is the situation, and I also believe that she signed something to move money into the account. Electronic signatures are binding in most situations.

How was the money moved to the annuity if...
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2 Answers | Asked in Bankruptcy for South Carolina on
Q: Which homestead exemption should I use in SC for Chapter 7?

I am filing for Chapter 7 bankruptcy in South Carolina and want to exempt the equity in my primary residence, which is approximately $60,000. There is a mortgage on the property, and I have no other assets to exempt. I have not owned the home for the 40 months required to qualify for South... View More

D. Nathan Davis
D. Nathan Davis
answered on Apr 8, 2025

I do not know where the 40 months you are claiming are required are coming from. I have practiced bankruptcy law in SC for many years and have never seen such an issue. I assume you are trying to file by yourself without an attorney. I would advise that you talk with an attorney and hire him or... View More

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2 Answers | Asked in Personal Injury and Business Law for South Carolina on
Q: Tire from truck injured me; need a new lawyer in SC

While opening my barbershop, a tire from a pickup truck detached and struck me, causing me to dive for safety and injuring my back. I received medical treatment for my injuries. The driver remained at the scene, and a state trooper report was filed. I had a lawyer but was not satisfied, and... View More

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2025

A South Carolina attorney could advise best, but your question remains open for a week. I'm sorry about the accident and the injuries and shop damage you suffered as a result. If you're looking for another attorney, you'd need to reach out to law firms on your own. No one here could... View More

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1 Answer | Asked in Car Accidents and Insurance Defense for South Carolina on
Q: How long for a settlement after non-injury, not-at-fault rear-end collision?

I was involved in a rear-end collision a while ago where I was not at fault and there were no injuries. A police report was filed, and I have contacted both my insurance company and the other party’s insurance. All necessary paperwork has been submitted, including ongoing negotiations. How long... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

A South Carolina attorney could advise best, but your question remains open for a week. I'm glad no one was injured here. Given the facts you present (no injuries, rear-end collision), it sounds like a straightforward claim that shouldn't encounter delays. If there is a dispute in how the... View More

1 Answer | Asked in Car Accidents, Workers' Compensation and Public Benefits for South Carolina on
Q: Am I eligible for partial disability after a car accident in SC?

I was in a car wreck in October 2024, in which I was at fault, and I sustained severe injuries including a broken femur, back, ribs, jaw, and a brain bleed. I underwent surgeries for these injuries and have been in rehab for my thigh. Post-accident, I have been advised not to lift more than 25 lbs,... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Mar 10, 2025

You can apply for SSD. It matters not hurt. You cannot use an attorney the first time you apply. If you get turned down, you have 90 days within which to apply for what is called reconsideration. At that point, you can get an attorney. I do wish you the best.

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is a PPB active warrant in SC?

My husband is currently in jail, and one of his charges is listed as a 'PPB active warrant' in South Carolina, alongside a failure to appear charge. I'm not familiar with the term 'PPB active warrant.' Could you help me understand what this means and why it's called PPB?

Casey Brown
Casey Brown
answered on Mar 7, 2025

It sounds like your husband has an FTA (failure to appear) bench warrant which a person cannot bond out of jail on this warrant. Either the FTA warrant must be lifted or the case must be resolved to be released from custody. The "PPB" warrant is either for the Dept of Parole, Pardon, and... View More

2 Answers | Asked in Immigration Law for South Carolina on
Q: Should we hire a lawyer for Form I-751 or file on our own?

My husband, who is from the UK, is currently on a conditional green card visa. It is time for us to file Form I-751 to remove his conditional status. Our situation remains unchanged since his initial green card application, and we have sufficient evidence of our bona fide marriage. We are within... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 26, 2025

A percentage of applicants will file the 751 form themselves, but a large percentage of applicants will hire an attorney to represent them through the process. There are many details and documents that need to be compiled to make sure that the application is correct. Accordingly, by hiring an... View More

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1 Answer | Asked in Landlord - Tenant and Consumer Law for South Carolina on
Q: Facing unauthorized fees and Wi-Fi blocking by new property manager, paid rent in full.

I am a tenant in South Carolina and facing issues with my property management company. I have always paid my rent in full, including all late fees, and have proof of payment for December's rent and late fees. Recently, the management company changed, and the new property manager has charged me... View More

Nataliya N. Matejka
Nataliya N. Matejka
answered on Feb 24, 2025

Unfortunately, you would need an attorney to review your lease to determine a landlords right to the fees you describe. Fees generally can be charged retroactively if not voluntarily waived the the PM and it was possible a clerical error. Generally speaking utilities cannot be reduced but there may... View More

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