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
- Broker Fraud
- 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
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
South Carolina Questions & Answers
Q: Hello A uninsured moped driver hit my legally parked car. Does our uninsured motorist insurance have to pay?
William Head's answer
It should, but (if that moped driver or his/her family) had auto insurance, it may be covered under that coverage. Hopefully, you have good insurance and they will pay.
It should, but (if that moped driver or his/her family) had auto insurance, it may be covered under that coverage. Hopefully, you have good insurance and they will pay.
Q: I crashed my car into a tree 7 days ago and went to jail. I have not received any notification as to where it is.
1 Answer
| Asked
in
Car Accidents and Traffic Tickets
for
South Carolina
on
Answered on Aug 14, 2017
Answered on Aug 14, 2017
William Head's answer
Call the police department that arrested you. They MUST know where the vehicle was towed. Go get it, and limit your storage fees. State laws allow a tow company to SELL your vehicle, if not picked up within a certain number of days.
Call the police department that arrested you. They MUST know where the vehicle was towed. Go get it, and limit your storage fees. State laws allow a tow company to SELL your vehicle, if not picked up within a certain number of days.
Q: If I now reside in VA and I need to provide a certified true copy of revocation of POA that was filed in South Carolina
John Andrew Maghamez's answer
It depends. You need to speak to an estate planning attorney like myself about this it could be a simple fix but it also could require a bit more
It depends. You need to speak to an estate planning attorney like myself about this it could be a simple fix but it also could require a bit more
Q: If my dui 2nd was in oct 2012 do I still have to get interlock device in my truck now in 2017
William Head's answer
The requirements for getting reinstated do not "age off." You must (sooner or later) follow all the rules for reinstating your license.
Contact this DUI Specialist in South Carolina, and tell him you were referred to him by William Head of Atlanta. Follow his instructions, and quit fighting South Carolina DPS:
Mr. Jim HUff
https://www.scdui.com/
803.278.2889
The requirements for getting reinstated do not "age off." You must (sooner or later) follow all the rules for reinstating your license.
Contact this DUI Specialist in South Carolina, and tell him you were referred to him by William Head of Atlanta. Follow his instructions, and quit fighting South Carolina DPS:
Mr. Jim HUff
https://www.scdui.com/
803.278.2889
Q: Do I get charged a fine if there's no monetary amount on the citation?
Allison Brandt Blackwelder's answer
Yes. There are standard fines that each court associates with charges listed on a citation. In some courts, there is not even a standard location to write a fine amount on a citation, so there is an implicit understanding when any ticket is written.
The bottom line is that you are going to have to pay a fine if/when you plead guilty to the ticket or if a judge finds you guilty.
You may be able to fight your citation or make arrangements for a more favorable resolution if...
Yes. There are standard fines that each court associates with charges listed on a citation. In some courts, there is not even a standard location to write a fine amount on a citation, so there is an implicit understanding when any ticket is written.
The bottom line is that you are going to have to pay a fine if/when you plead guilty to the ticket or if a judge finds you guilty.
You may be able to fight your citation or make arrangements for a more favorable resolution if...
Q: I was in a car accident in May and was offered a low offer for settlement. I want to now how to counter offer?
Peter Munsing's answer
You really should contact a member of the SC Assn for Justice rather than totally do it yourself. The value of your case depends on what happened, how it happened, what the reports say, what your medical records say. You have been talking to the insurance company which may have given them a lot of information they will use against you. Why not contact Carl Jacobson in Charleston? Tell him I suggested you call.
You really should contact a member of the SC Assn for Justice rather than totally do it yourself. The value of your case depends on what happened, how it happened, what the reports say, what your medical records say. You have been talking to the insurance company which may have given them a lot of information they will use against you. Why not contact Carl Jacobson in Charleston? Tell him I suggested you call.
Q: How can I get free or no cost defense in a law suit?
Peter Munsing's answer
Assuming he has insurance, they should have gotten a release. He needs to talk to the insurance company lawyer they got him. If there's still a problem he needs to consult a member of the SC Assn for Justice that handles "bad faith" cases. Finally, if all else fails he can declare bankruptcy which will halt it.
Assuming he has insurance, they should have gotten a release. He needs to talk to the insurance company lawyer they got him. If there's still a problem he needs to consult a member of the SC Assn for Justice that handles "bad faith" cases. Finally, if all else fails he can declare bankruptcy which will halt it.
Q: Do you think the judge will side with me?
1 Answer
| Asked
in
Criminal Law, Traffic Tickets and Car Accidents
for
South Carolina
on
Answered on Aug 6, 2017
Answered on Aug 6, 2017
Peter Munsing's answer
Time to get a lawyer who handles tickets at the court you are headed to. Assume they had you going too fast.
Not a time to do it yourself.
Time to get a lawyer who handles tickets at the court you are headed to. Assume they had you going too fast.
Not a time to do it yourself.
Q: My uncle passed away and his home went into foreclosure. Now the bank is saleing the home. Can I stop the sale with a w
D. Nathan Davis' answer
If you are the heir and now the owner, the bank has to allow you to bring the loan current. You will also be responsible for all reasonable costs and expenses incurred by the lender. Once the sale is held, you will no longer be able to do this. Also, be sure that they amount owed does not make the property worthless. Just because you were given something, does not mean you have to take it. (If I try to give you my cold, you would not want to accept it.)
If you are the heir and now the owner, the bank has to allow you to bring the loan current. You will also be responsible for all reasonable costs and expenses incurred by the lender. Once the sale is held, you will no longer be able to do this. Also, be sure that they amount owed does not make the property worthless. Just because you were given something, does not mean you have to take it. (If I try to give you my cold, you would not want to accept it.)
Q: Can I stop a foreclosure on my home if I file for bankruptcy? How fast will it work?
Stuart Nachbar's answer
If this would be your first time filing, the automatic stay goes into effect in most states immediately, and you can advise the sheriff / Constable /Court Officer upon receiving your case # that the stay is in effect.
If this would be your first time filing, the automatic stay goes into effect in most states immediately, and you can advise the sheriff / Constable /Court Officer upon receiving your case # that the stay is in effect.
Q: I just got a sheriff's notification that I have to vacate the home I've been renting for years due to foreclosure
D. Nathan Davis' answer
Tenants have certain rights under SC Law. A tenant is supposed to be given notice of the foreclosure proceedings. It is likely that mail was sent to the property address with the name tenant on it. You should contact the Master in Equity for the County that that property is located in who will give you time to vacate the property. If you happen to have an attorney, you should contact the attorney at once. Even with notice of the proceeding, you are generally entitled to 90 days notice...
Tenants have certain rights under SC Law. A tenant is supposed to be given notice of the foreclosure proceedings. It is likely that mail was sent to the property address with the name tenant on it. You should contact the Master in Equity for the County that that property is located in who will give you time to vacate the property. If you happen to have an attorney, you should contact the attorney at once. Even with notice of the proceeding, you are generally entitled to 90 days notice...
Q: Can I write my own will by using a draft will an attorney created without having to get his permission?
Dr Kenneth V Zichi J.D.'s answer
Did you PAY the attorney? If not, then NO you can't just use his work without compensating him for it. That is called stealing.
If you paid in full and just don't want to go all the way back to sign, you should TELL the attorney that, so he knows what is going on and can document that you chose to act against his advice so when the problems you created by editing his work come to light he can defend himself from the heirs who sue him because he 'drafted a lousy will'.
Are you...
Did you PAY the attorney? If not, then NO you can't just use his work without compensating him for it. That is called stealing.
If you paid in full and just don't want to go all the way back to sign, you should TELL the attorney that, so he knows what is going on and can document that you chose to act against his advice so when the problems you created by editing his work come to light he can defend himself from the heirs who sue him because he 'drafted a lousy will'.
Are you...
Q: Help! I put in a contract for a new-construction homes & was told the home would have gray granite, floors and walls.
Vincent Gallo's answer
Normally, with new construction the contract contains an inclusions list. If your inclusions list reads gray granite, floors and walls, you may have rights against the builder. If this however, was only verbal, then you had better get used to what he installed.
Normally, with new construction the contract contains an inclusions list. If your inclusions list reads gray granite, floors and walls, you may have rights against the builder. If this however, was only verbal, then you had better get used to what he installed.
Q: I was hit by a person who deliberately went off the road to go around me. What can I do?
1 Answer
| Asked
in
Car Accidents and Insurance Defense
for
South Carolina
on
Answered on Jul 12, 2017
Answered on Jul 12, 2017
Peter Munsing's answer
You can make a claim for damage to your car and any injuries. Do not give recorded statements until you speak with a member of the SC Assn for Justice.They give free consults.
If you were hurt you need to see a doctor.
You can make a claim for damage to your car and any injuries. Do not give recorded statements until you speak with a member of the SC Assn for Justice.They give free consults.
If you were hurt you need to see a doctor.
Q: I started the I-130 process in March. Recently I hurt my leg at work and am on workers compensation. Will that affect NV
Kevin L Dixler's answer
Yes, it may should you earn less than 125% of the poverty level established by the Department of Health and Human Services. This will depend upon your family size and current obligations. It is unclear whether you need or will need a joint sponsor.
As a result, I strongly recommend an appointment with a competent and experienced immigration attorney. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
Yes, it may should you earn less than 125% of the poverty level established by the Department of Health and Human Services. This will depend upon your family size and current obligations. It is unclear whether you need or will need a joint sponsor.
As a result, I strongly recommend an appointment with a competent and experienced immigration attorney. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
Q: If your spouse is still alive but appointed his kid for medical power of attorney does that kick in after the spouse has
1 Answer
| Asked
in
Health Care Law and Estate Planning
for
South Carolina
on
Answered on Jul 7, 2017
Answered on Jul 7, 2017
Inna Fershteyn's answer
Unfortunately yes right away. POA is not valid after death. I strongly suggest you see estate planning lawyer right away because it's already a red flag and more problems will follow.
Inna Fershteyn
www.BrooklynTrustandWill.com
718-333-2394
Unfortunately yes right away. POA is not valid after death. I strongly suggest you see estate planning lawyer right away because it's already a red flag and more problems will follow.
Inna Fershteyn
www.BrooklynTrustandWill.com
718-333-2394
Q: If convicted on a DUI in a non-sr22 state (i.e.; Pa) do I need sr22 in South Carolina when I get my license here? Now SC
Freddy Woods' answer
Yes, South Carolina will require that you get SR-22 insurance and may require that you take an ADSAP course. Contact the DMV in South Carolina to find out what additional requirements they may have for you.
Yes, South Carolina will require that you get SR-22 insurance and may require that you take an ADSAP course. Contact the DMV in South Carolina to find out what additional requirements they may have for you.
Q: Is there anyway to get a wreck less homicide conviction expunged? It was from a dui accident that happened when I was 20
Freddy Woods' answer
A Reckless Homicide is outside the classes of crimes that normally can be expunged. In rare cases, you can get a pardon. Consult a lawyer that deals with pardons and expungements.
A Reckless Homicide is outside the classes of crimes that normally can be expunged. In rare cases, you can get a pardon. Consult a lawyer that deals with pardons and expungements.
Q: My DUI was dismissed but the DMV told me I couldn't get my DL back. What can I do
Freddy Woods' answer
The DMV will require that you complete the ADSAP (Alcohol & Drug Safety Action Program) in South Carolina. If you complete this program then you can get your license back as long as you don't have any other holds on your license.
The DMV will require that you complete the ADSAP (Alcohol & Drug Safety Action Program) in South Carolina. If you complete this program then you can get your license back as long as you don't have any other holds on your license.
Q: What am i facing for a 1st dui and 3 child endangerment in sc
Freddy Woods' answer
Here is the short answer. The DUI could land you in jail for up to 30 days and the child endangerment charges could have you in jail for up to 15 years. It is important for you to consult a lawyer as soon as possible to defend you on your charges.
Here is the short answer. The DUI could land you in jail for up to 30 days and the child endangerment charges could have you in jail for up to 15 years. It is important for you to consult a lawyer as soon as possible to defend you on your charges.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
