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: As a Defendant do I need to answer a Rule to Show Cause that the Plaintiff requested from the lender?
D. Nathan Davis' answer
Unfortunately, either your question lacks the required information or the Rule to Show Cause is grossly inadequate. A Rule to Show Cause is an Order to Show why you did or did not do something. The Rule to Show Cause should tell you what the Court is asking of you specifically. A Rule to Show Cause is both an Order to Appear for which you could be sanctioned for failing to appear and to respond to a specific question of the Court.
You really need to review the Rule to Show Cause...
Unfortunately, either your question lacks the required information or the Rule to Show Cause is grossly inadequate. A Rule to Show Cause is an Order to Show why you did or did not do something. The Rule to Show Cause should tell you what the Court is asking of you specifically. A Rule to Show Cause is both an Order to Appear for which you could be sanctioned for failing to appear and to respond to a specific question of the Court.
You really need to review the Rule to Show Cause...
Q: independent contractor or subcontractor for workman’s comp
1 Answer
| Asked
in
Workers' Compensation, Construction Law and Insurance Defense
for
South Carolina
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Ilene Stacey King's answer
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...
Q: Possibility for Conspiracy to Distribute Charges?
Stephen Grooms' answer
Tell your friend that talking about selling drugs isn't a crime. You have to take some step towards selling in order to charge conspiracy. And while there is no statute of limitations in South Carolina for past felony acts, the likelihood that a person is charged years later for selling drugs, unless he was selling to a CI are highly unlikely. You can always call local law enforcement and ask them to check your name for warrants. I mean your friends name.
Tell your friend that talking about selling drugs isn't a crime. You have to take some step towards selling in order to charge conspiracy. And while there is no statute of limitations in South Carolina for past felony acts, the likelihood that a person is charged years later for selling drugs, unless he was selling to a CI are highly unlikely. You can always call local law enforcement and ask them to check your name for warrants. I mean your friends name.
Q: In a tax audit by SC Dept of Revenue, under what circumstances can you request an extension?
Linda Simmons Campbell's answer
I am not licensed in South Carolina but most tax authorities will grant a reasonable extension. Just explain why you need it and it is likley it will be granted.
I am not licensed in South Carolina but most tax authorities will grant a reasonable extension. Just explain why you need it and it is likley it will be granted.
Q: South Carolina employer automatically deducts 30 minutes of pay after 6 hours of work whether I take it or not. Legal?
Salim U. Shaikh's answer
As 30 minutes break may be mandatory after each 6 hours of work then you must avail it and take a break in between. It would help your performance.
As 30 minutes break may be mandatory after each 6 hours of work then you must avail it and take a break in between. It would help your performance.
Q: Charged for DUI b/c of suspicion of alcohol. Test negative for alcohol, but now being charged for DUI b/c of THC.
Stephen Grooms' answer
While you can be prosecuted for DUI based on marijuana alone, it is very tough to prove that the amount of THC in a person's system had an impact on them at the time of the accident. I would advise you to speak to a criminal defense attorney before court. You have options, and a consult with an attorney could provide you with the knowledge you need to make an informed decision.
While you can be prosecuted for DUI based on marijuana alone, it is very tough to prove that the amount of THC in a person's system had an impact on them at the time of the accident. I would advise you to speak to a criminal defense attorney before court. You have options, and a consult with an attorney could provide you with the knowledge you need to make an informed decision.
Q: Hi, my I-130 form approved in 2011, now I travel with my B1/B2 visa since 2015. What can I do to get my GC here.
Hector E. Quiroga's answer
It depends on who filed your petition. You probably want to talk with an immigration attorney who can advise you based on the specific circumstances of your case.
It depends on who filed your petition. You probably want to talk with an immigration attorney who can advise you based on the specific circumstances of your case.
Q: Can we get our deposit back if old landlord sold rental property and didn't ask if we wanted to continue with new owner?
Salim U. Shaikh's answer
As you agreed to certain realities e.g. house has been sold; ex-LL cannot extend lease now and you are not ready to continue with new one; new lease not signed, etc. that means you have to move out at will and want to adjust your deposit or advance rent, if any, before you move out. If you terminate lease prior to expiry then it might be difficult to get your deposit back. Advised you jointly discuss with your ex and current LL and reach to solution otherwise it will end up in the court.
As you agreed to certain realities e.g. house has been sold; ex-LL cannot extend lease now and you are not ready to continue with new one; new lease not signed, etc. that means you have to move out at will and want to adjust your deposit or advance rent, if any, before you move out. If you terminate lease prior to expiry then it might be difficult to get your deposit back. Advised you jointly discuss with your ex and current LL and reach to solution otherwise it will end up in the court.
Q: Can you be charged with habitual traffic offender if your not operating a motor vehicle
Stephen Grooms' answer
The question is whether or not your conduct was "operating a motor vehicle" under 56-1-1020, 1100. While private property vs public roads is addressed in Habitual Offender related injury charges (56-1-1105) it isn't so clear under the general statute. However it does set a nice precedent for an attorney to work with. You should contact a local criminal defense attorney to have them look into the case law to see how the courts have treated cases with your fact pattern. There may be an attorney...
The question is whether or not your conduct was "operating a motor vehicle" under 56-1-1020, 1100. While private property vs public roads is addressed in Habitual Offender related injury charges (56-1-1105) it isn't so clear under the general statute. However it does set a nice precedent for an attorney to work with. You should contact a local criminal defense attorney to have them look into the case law to see how the courts have treated cases with your fact pattern. There may be an attorney...
Q: Hello i have a warrant for malicious damage of property and i prefer not to do time in jail
Stephen Grooms' answer
Assuming you are innocent you need to talk to a criminal defense attorney in your area, many will provide a free consultation. If you are guilty and the State has the evidence to prove your guilt there are still many avenues to avoid jail time, once again you need to schedule a consult with a local criminal defense attorney. I would need more facts such as accusations, dollar amount, defendant record, and victim involvement etc. to give a more detailed response.
Assuming you are innocent you need to talk to a criminal defense attorney in your area, many will provide a free consultation. If you are guilty and the State has the evidence to prove your guilt there are still many avenues to avoid jail time, once again you need to schedule a consult with a local criminal defense attorney. I would need more facts such as accusations, dollar amount, defendant record, and victim involvement etc. to give a more detailed response.
Q: What is the worst case scenario for a first time non insured accident that involved only the driver and our mailbox?
1 Answer
| Asked
in
Car Accidents, Insurance Bad Faith and Insurance Defense
for
South Carolina
on
Answered on Jul 25, 2018
Answered on Jul 25, 2018
Peter Munsing's answer
First, he has in effect bought the car. Unless he wants to make a big deal in which case he can get the extra penalty.
Have it towed to a dealer or someone you would want to have fix it. Get an estimate. You'll have to pay so wait until you can pay.
Make your payments.
That's what CarMax cares about.
Thank goodness it wasn't someone elses' property.
If that happened on a highway he'd be sweating big time. Time to make friends with the bicyle until you...
First, he has in effect bought the car. Unless he wants to make a big deal in which case he can get the extra penalty.
Have it towed to a dealer or someone you would want to have fix it. Get an estimate. You'll have to pay so wait until you can pay.
Make your payments.
That's what CarMax cares about.
Thank goodness it wasn't someone elses' property.
If that happened on a highway he'd be sweating big time. Time to make friends with the bicyle until you...
Q: I work at the chicken farm. Yesterday I fell threw a broken drain and hurt my ankle and back. I seen the nurse at work
2 Answers
| Asked
in
Employment Law, Personal Injury and Workers' Compensation
for
South Carolina
on
Answered on Jul 24, 2018
Answered on Jul 24, 2018
Ilene Stacey King's answer
This is posted as a South Carolina workers' compensation question, however, it indicates the question came from Coral Gables, Florida. If you were hurt in South Carolina, yes, you may have a South Carolina workers' compensation claim. If you were hurt in Florida, you need to ask your question of a Florida lawyer.
This is posted as a South Carolina workers' compensation question, however, it indicates the question came from Coral Gables, Florida. If you were hurt in South Carolina, yes, you may have a South Carolina workers' compensation claim. If you were hurt in Florida, you need to ask your question of a Florida lawyer.
Q: I started a job in S.C. and they want me to sign a paper stating they do not have workman's comp
Ilene Stacey King's answer
Generally, an employer in South Carolina with 4 or more employees is required to have workers' compensation coverage. An employer who is required to have coverage can not make an employee waive his/her right to worker's compensation coverage. Giving you a piece of paper that says they don't have coverage does not excuse them from having coverage if they are required to have it. If they are required to have coverage and don't, the employer is subject to fines by the South Carolina Workers'...
Generally, an employer in South Carolina with 4 or more employees is required to have workers' compensation coverage. An employer who is required to have coverage can not make an employee waive his/her right to worker's compensation coverage. Giving you a piece of paper that says they don't have coverage does not excuse them from having coverage if they are required to have it. If they are required to have coverage and don't, the employer is subject to fines by the South Carolina Workers'...
Q: My boyfriend is a Canadian , and I wish to marry him in America then apply for a K3 Visa, how is the process different?
Hector E. Quiroga's answer
The process likely varies from state to state. Your best bet would be to contact your local county clerk’s office.
The process likely varies from state to state. Your best bet would be to contact your local county clerk’s office.
Q: I left my child's father (unmarried) and moved to SC after my son was attacked by his pitbull. Can I file in SC?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
South Carolina
on
Answered on Jul 12, 2018
Answered on Jul 12, 2018
Cheryl Ann Truesdale's answer
Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child Custody Jurisdiction Act because that is where the child has been living prior to your move to South Carolina. The child would need to live in South Carolina for at least six months before a custody case could...
Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child Custody Jurisdiction Act because that is where the child has been living prior to your move to South Carolina. The child would need to live in South Carolina for at least six months before a custody case could...
Q: I live in South Carolina and I voluntarily surrendered a car in 2013 and now I am being sued by a debt collector.
D. Nathan Davis' answer
There is an ongoing dispute regarding which Statute of Limitations applies There is a 3-year Statute of Limitations for consumer debt, but, there is also a 6-year statute of limitations if the debt was the result of a contract. A case went up on this, but, the SC Supreme Court refused to rule on the issue and sent the case back for further hearings.
There is no question that the defense is an affirmative defense in SC and you must file an answer asserting the defense of Statute of...
There is an ongoing dispute regarding which Statute of Limitations applies There is a 3-year Statute of Limitations for consumer debt, but, there is also a 6-year statute of limitations if the debt was the result of a contract. A case went up on this, but, the SC Supreme Court refused to rule on the issue and sent the case back for further hearings.
There is no question that the defense is an affirmative defense in SC and you must file an answer asserting the defense of Statute of...
Q: My mortgage was discharged in 2015 and I haven't gotten a release of lien as of 2018. I need this lien released asap
Vincent Gallo's answer
In New York at least, there are penalties if the lender fails to discharge a satisfied mortgage of record within a certain period of time. You may wish to investigate that in South Carolina.
In New York at least, there are penalties if the lender fails to discharge a satisfied mortgage of record within a certain period of time. You may wish to investigate that in South Carolina.
Q: Is it legal for a mortgage company to enter a home w/out consent? They say the home is in “pre-foreclosure”
D. Nathan Davis' answer
No, a mortgage company should not enter a property unless it appears to be abandoned or unoccupied. The rule is that the mortgage company has the right to protect its collateral. Of course, the mortgage company is going to claim that they did not think the property was occupied.
The mortgage company will sometimes even change locks when the property is not really abandoned. You can sue the mortgage company for trespass to property, however, it is sometimes difficult to get a...
No, a mortgage company should not enter a property unless it appears to be abandoned or unoccupied. The rule is that the mortgage company has the right to protect its collateral. Of course, the mortgage company is going to claim that they did not think the property was occupied.
The mortgage company will sometimes even change locks when the property is not really abandoned. You can sue the mortgage company for trespass to property, however, it is sometimes difficult to get a...
Q: After months of going to my landlord and police officers I got into it with someone who doesn't live down here and I was
Salim U. Shaikh's answer
Given details suggest you can provided you can produce all evidences in your favour. You can even sue police on wrongful arrest, loss occurred and for defamation, too.
Given details suggest you can provided you can produce all evidences in your favour. You can even sue police on wrongful arrest, loss occurred and for defamation, too.
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