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South Carolina Questions & Answers
1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: I temporarily signed title of my vehicle over to family member for work but now they refuse to sign title back over
Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A South Carolina attorney could advise best, but your question remains open for a week. Unfortunately, DMV titles don't usually make a distinction between temporary or permanent transfer. They show ownership or transfer of ownership of a vehicle. The argument you make about the transfer being... View More

2 Answers | Asked in Criminal Law for South Carolina on
Q: If a person/ thief stole a truck of mine.in S.C. He was charged, grand thief.. Can I , the owner drop the charges?

Or is it now in the DA or SA hands? Grand theft Auto . It was reported stolen in Easley,I found it in Piedmont S.C. FYI out of their jurisdiction

Voss Skoullos
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answered on Jun 11, 2024

I'm sorry this happened to you. The state prosecutor represents the residents of your state. They are the ones brinnging the charges and will likely continue to do so. If an alleged victim refuses to cooperate and the case goes to trial, it could make it more difficult for the state to... View More

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2 Answers | Asked in Criminal Law for South Carolina on
Q: If a person/ thief stole a truck of mine.in S.C. He was charged, grand thief.. Can I , the owner drop the charges?

Or is it now in the DA or SA hands? Grand theft Auto . It was reported stolen in Easley,I found it in Piedmont S.C. FYI out of their jurisdiction

Casey Brown
Casey Brown
answered on Jun 10, 2024

In the description above, you are the alleged victim of the crime and possibly a witness but since you did not bring the charges (the State did) you cannot drop the charges unilaterally. You can, however, tell the prosecutor that you do not want charges pursued in this matter but it is up to the... View More

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1 Answer | Asked in Family Law for South Carolina on
Q: I am trying to file for separation and I printed out the separation agreement and took it to the court house to file. Wh

How do I go about doing all this? I was under the impression I could fill out the paper and pay a filing fee and that was done

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Jun 7, 2024

An agreement has to be approved by a judge after a hearing where both parties appear, have provided financial declarations and answered the judge's questions. A hearing can only be scheduled for a case that has been previously filed with the court. A case is commenced in family court by the... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: What does the amount have to be to be considered mdp?
Casey Brown
Casey Brown
answered on Jun 3, 2024

The amount to cross the threshold into MDP depends on the type of drug that police allege. Different drugs have different amounts that can be used to enhance the charge(s). These charges must have a drug report which can reduce the charge if the lab results show a smaller amount. One should talk to... View More

1 Answer | Asked in Civil Rights for South Carolina on
Q: Is it violating my rights if I'm a read slow and a dss caseworker is demanding me to hurry and sign paperwork?

When trying to read and understand the agreement I was asked to sign the caseworker would demand that I sign, interrupt me while reading and state that it's not that hard

James L. Arrasmith
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answered on Jun 3, 2024

Yes, it may be a violation of your rights if a DSS caseworker is pressuring you to sign paperwork without giving you adequate time to read and understand it. You have the right to fully understand any document before you sign it, especially if it affects your legal or personal interests. Pressuring... View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for South Carolina on
Q: 1st grader with disability, having the protected by IDEA and ADA acts was being expelled without due process, can I sue?

7-year-old, first grader, in Georgetown County Public School District, Having an evaluation and diagnosis for a disability, We believe was a victim of discrimination and gross negligence, committed by both the public school itself, and the local County School District. Throughout the evaluation... View More

James L. Arrasmith
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answered on Jun 3, 2024

You may have grounds to sue the Georgetown County Public School District for expelling your 7-year-old without due process. Under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA), your child is entitled to specific protections and procedures,... View More

1 Answer | Asked in Estate Planning for South Carolina on
Q: Self-recreation/revision of a current Living Trust - rules that apply

I have a Living Trust. The attorney who created the document almost 20 years ago no longer wants to be my Trustee, Power of Attorney and Healthcare Proxy. I’ve given this attorney over $12,000 through the last 20 years in changing details and in creating “Fourth Full Restatement of ...” of... View More

Anthony M. Avery
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answered on May 31, 2024

You are going to need to hire an attorney to draft that Trust. It is complicated, but you probably do not need a SC licensed attorney. Most importantly, you need a new Trustee, which may be difficult to find. The new Trust should appoint the new Trustee, and you may need to revoke your prior... View More

1 Answer | Asked in Gov & Administrative Law and Social Security for South Carolina on
Q: I need help trying to get my birth certificate and social security card because my mother won't give it to me
James L. Arrasmith
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answered on May 28, 2024

I'm sorry to hear that you're having trouble getting your important documents. To get your birth certificate, you can contact the vital records office in the state where you were born. They usually have an online application process or forms you can mail in. You'll need some... View More

1 Answer | Asked in Family Law, Tax Law and Child Custody for South Carolina on
Q: Mother=Full Legal Custody. Dad=Visitation wknd. Dad actually has kid all year mom visits occasionally. Taxes?

Is it legal for the mother to file the child on taxes that they actually didn't care for and was in physical custody of the father? Mother decided she couldn't handle the kid and asked the dad to take him. It was a verbal agreement. The kid is enrolled in school for the past year at the... View More

James L. Arrasmith
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answered on May 26, 2024

Based on the information provided, it seems that although the mother has full legal custody, the child has been living with the father for the past year. The father has been the primary caregiver, providing housing, enrolling the child in school, and handling medical matters. The mother has only... View More

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: If I pay the bond and not go to court will it stay on my record? And will it limit future opportunities for me?

I was found with 2 fake ids in my car.

Violation number: 56-01-0510

It is not required I go to court and the bond is $440.

Casey Brown
Casey Brown
answered on May 26, 2024

If you pay the bond and dont go to court then they will have a tia (trial in absentia) and most likely find you guilty. They will keep the bond amount as the fine amount for consequences of finding you guilty. Then the charge will be on your record. I would talk to an attorney as the facts of the... View More

2 Answers | Asked in DUI / DWI and Traffic Tickets for South Carolina on
Q: Is an overnight stay in jail required for DUS?

This past Monday I was driving my husband, who had been at the VA and received a narcotic pain medication and could not drive himself, home at 2:30 am. The officer stated I was speeding and that is why he stopped me. I immediately told him I knew my DL was suspended but the only reason I was... View More

Casey Brown
Casey Brown
answered on May 26, 2024

There are different levels or offenses (1st, 2nd, 3rd or subsequent) which carry different consequences that a driver will face if charged. The officer has more discretion the lower the offense so while it may not have been necessary to spend the night in jail it is at times left to officer... View More

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1 Answer | Asked in Consumer Law for South Carolina on
Q: I have received a document in the mail "Notice of decision to award $1,000,000.00" and "Prize payout decision Request"
D. Nathan Davis
D. Nathan Davis
answered on May 26, 2024

Throw that notice in the trash. No one is going to award that kind of money to someone unless you are entered some contest. It appears that you do not recognize the company sending you this notice.

If you decide to contact them, they will quickly want you to send them money for handling...
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1 Answer | Asked in Divorce, Civil Rights, Elder Law, Gov & Administrative Law and Family Law for South Carolina on
Q: What to do next?

He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?

James L. Arrasmith
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answered on May 24, 2024

If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: 9mnths n County Jail never given prelim hearing paperwork no indictment witnesses never questioned What do I do

After the Bell hearing I asked several times for paperwork I made two requests the first request they sent me only the public defender paperwork I requested the prelim paperwork again yet again I only got the public defender paperwork five or six days after my bond hearing I requested again the... View More

James L. Arrasmith
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answered on May 19, 2024

You need to take immediate action to address the issues with your case. Start by documenting everything that has happened, including all your requests for paperwork and any responses you've received. This will help establish a record of the lack of communication and mishandling of your case.... View More

1 Answer | Asked in Car Accidents for South Carolina on
Q: Why is it taking so long for my claim to settle? Wreck was 2/26/24, I have sent all bills, paid and unpaid.

I have sent bills paid and unpaid, doctors notes from er visit and doctors note and recommendations for my future surgery on my nose. The at fault driver and women she hit have already had settled for their totaled vehicles and bought replacements. I was the one who was injured the worst from the... View More

Tim Akpinar
Tim Akpinar
answered on May 17, 2024

A South Carolina attorney could advise best, but your question remains open for a week. Three months is not a long time for a bodily injury claim to settle. Some could go on for years. One possibility is that if you are still treating, the insurance carrier wants to await conclusion of your... View More

2 Answers | Asked in Tax Law and Real Estate Law for South Carolina on
Q: I have been leaving on a piece of land at a mobile home that me and my husband paid for when I went to go pay taxes

The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

Anthony M. Avery
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answered on May 9, 2024

Apparently you never got a deed, so the property is not yours as you only had a lease with option to purchase. You might have a claim for breach of contract if you paid in full the contract. If not, then you might sue the heirs to complete the contract. But it is doubtful. Hire a SC... View More

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2 Answers | Asked in Tax Law and Real Estate Law for South Carolina on
Q: I have been leaving on a piece of land at a mobile home that me and my husband paid for when I went to go pay taxes

The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

James L. Arrasmith
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answered on May 9, 2024

I understand that you're in a difficult situation regarding the land and mobile home. It seems there are a few legal issues at play here that would be best addressed by consulting with a qualified attorney who specializes in real estate law. They can review the specific details of your case... View More

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1 Answer | Asked in Wrongful Death for South Carolina on
Q: When suing DSS in sc for wrongful death and negligence what is the most you can get?
Tim Akpinar
Tim Akpinar
answered on May 3, 2024

A South Carolina attorney could advise best, but your question remains open for three weeks. I'm sorry for your wrongful death situation. A local attorney should advise as to the matter of any statutory caps, but in general, the case value would depend on the facts, and the ability to prove... View More

1 Answer | Asked in Tax Law, Banking, Civil Rights and Small Claims for South Carolina on
Q: How long do I need to be in possession of a car to take legal ownership of it?

-I bought a car from a private seller through the facebook marketplace.

-I purchased the car with an auto loan through Navy Federal Credit Union.

-When I went to register the car, the DMV stated that the VIN number on the title did not have any records (the car had been VIN... View More

James L. Arrasmith
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answered on Apr 25, 2024

I'm sorry to hear about your difficult situation with the car. Unfortunately, under California law (and the laws of most states), you would not have a legal right to keep the car even after possessing it for two months.

There is no time period after which you can claim legal ownership...
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