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South Carolina Questions & Answers
1 Answer | Asked in Animal / Dog Law and Personal Injury for South Carolina on
Q: a dog keeps charges people and other animals. They have been told multiple times not to bring it out what can be done
Roy Willey
Roy Willey
answered on Oct 2, 2022

In South Carolina there is strict liability for dog attacks. If someone is injured as a result of a dog attack (even in attempting to get away from a charging dog where there is no bite) the owner of the dog is responsible. Absent that, you might consider contacting your local animal control to... Read more »

1 Answer | Asked in Insurance Defense for South Carolina on
Q: Are you allowed to use an inactive homeowners insurance, I was told that you can up to 3 years.
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. It's difficult to say what the terms of your specific policy are. But as a general rule, it is advisable to maintain active insurance for the home for the term you seek protection. It would be best to... Read more »

1 Answer | Asked in Collections for South Carolina on
Q: Credit card co. has gotten an execution of property against my girlfriend in horry county, Murrell's inlet.

She used her card 2 years ago to cremate her 10 yr live in boyfriend, barely makes enough money to pay rent and utilities, nothing left after. I just helped her pay off her vehicle that they bought before he passed. Can the sheriff seize that vehicle to settle the debt or her bank account that has... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

If the judgment is satisfied before the sheriff executes, there won't be an execution. Subject to SC law, the sheriff may very well be able to snatch the car and her bank account. If you intend to satisfy the judgment, DO NOT go by the judgment itself. Contact plaintiff's attorney for an... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: is 16-15-355 a tier 1 or tier 2 offense? i can not find any info in south carolina law.

trying to find out what tier this crime falls under. i was charged in 1997 for it. trying to find out when i can apply for removal from registry and it depends on what tier..

Casey Brown
Casey Brown
answered on Sep 26, 2022

The answer would depend on what day of 1997 the person began registering. This is a tier II offense and the person must wait 25 years from the start of registration to apply for removal since the Powell v Keel case and the law change in May 2022.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can evidence collected from someone's home in south Carolina be field tested out of the accused person sight
Casey Brown
Casey Brown
answered on Sep 26, 2022

Assuming that law enforcement had the right to obtain the item(s) from a home, it depends on the type of item seized. In the example of alleged narcotics, law enforcement must send it to a lab for testing. Field testing also depends on the alleged item seized. Even if an item is field tested it... Read more »

1 Answer | Asked in Domestic Violence for South Carolina on
Q: I was a victim of a crime at a Mexican restaurant they have no cameras and they had a karaoke that night.

That night he decided to hit me in the back of my head with brass knuckles, brass knuckles on left side, across the forehead, and hit me with a ball pin hammer. Is there any way in the restaurant can be held liable since they were overcrowded and understaffed no video cameras or bouncer.

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 22, 2022

Yes, you may have a good case for security negligence. Contact the local attorney in South Carolina for representation.

1 Answer | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: I was awarded a settlement by SC workers comp case on a bone infection case. However, the infection returned can I reopn

After settlement I was cleared to return to work, however the infection returned and I as forced to fight the infection w more surgeries/toe amputations that carried me well passed the 2 year limitations and finally lost my leg. Can I re open even though my medical battle went well passed the... Read more »

Spencer  Aldrich
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Spencer Aldrich
answered on Sep 20, 2022

First, if you had an attorney help you with the settlement you should go back to that attorney with this question. Second, be sure you have a copy of the settlement you signed and read it over. It should address what rights you released, and what rights you kept.

In a more general sense,...
Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: I have a non compete, it says I can’t work in the industry I have been working in. Will a court actually side with this
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Sep 13, 2022

Possibly, but it will depend on the specific language in the agreement. You can reach out to a SC non-compete lawyer for a consult so you understand your obligations.

1 Answer | Asked in Civil Litigation for South Carolina on
Q: I have a judgement that was placed against me and I was served paperwork to show up and show cause as to why a receiver

of my property should not be appointed. What happens if I am not able to do so? The only income I have is income from for an injury annuity settlement from a car accident I was in at 3 years old and the VA pay I receive because I am a 100% total and permanent disabled veteran.

Anthony M. Avery
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Anthony M. Avery
answered on Sep 12, 2022

You need a competent SC attorney to file a Notice of Exempt Property immediately. That Annuity may be partially or totally Exempt. You may lose it.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: If the officer who gave me a traffic ticket quits before the trial date can they send a different officer to prosecute?

I was pulled for rolling through a stop sign. The officer has quit.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 9, 2022

The State/prosecution must prove its case with competent evidence ---in this case, it must prove via testimony that you are the one who committed a traffic infraction. Unless the different officer can testify to this, then the different officer does not provide any help. That said, the... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: Me and my husband signed divorce papers but I never got around to turning my copies in what do I need to do

It's been about 4 months since the papers were signed can I just take them to the court house or do I need to refile altogether

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 6, 2022

Were they already filed? If not, you can file anytime. If they have been filed, you can still file your response so long as the other side has not already filed a default judgment against you.

1 Answer | Asked in Contracts for South Carolina on
Q: Suicide in car do I have to let it be known when selling it(car has been professionally cleaned)? South Carolina
Stephen Arnold Black
Stephen Arnold Black
answered on Sep 4, 2022

This is an interesting question. The common law rule on contracts is that any party to a contract has a legal duty to disclose to the other party any fact that would materially affect that party’s decision to enter into an agreement. For example, as a personal matter, I would not purchase a... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: I've had pending charges for possession of class 1and 2 for over a year with no Court date scheduled.

I've been to first and second appearance haven't entered a plea and no further Court date my public defender has been no help I don't think the state has ever given me my disclosure or Brady even thought it was requested . Is this reason to request for these charges to be dropped

James Thomas
James Thomas
answered on Sep 3, 2022

The delay - not likely. With COVID backlogs still being worked through, a delay of over a year is pretty par for the course. If they haven't given your lawyer discovery - maybe, that's a question you should ask them.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Hello, I was recently pulled over and charged with dus 3rd offense. My ticket says $2000, but I thought max was $1,000?
James Thomas
James Thomas
answered on Sep 3, 2022

The max fine is $1000, but court costs and surcharges often double the amount of the fine. And be careful, because for a third offense jail time is definitely a possibility too.

1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Traffic Tickets for South Carolina on
Q: How long can the police hold a fire arm that was confiscated out my vehicle

I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back

James Thomas
James Thomas
answered on Sep 3, 2022

If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be... Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for South Carolina on
Q: Can I appeal as a mother if my lawyer missed the date to file an appeal and I didn't know about it until 1week b4 adopti
Charles William Michaels
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Charles William Michaels
answered on Sep 2, 2022

First, I am not a South Carolina lawyer. That being said, unfortunately if the appeal deadline has been missed -- for whatever reason-- I think your appeal period has closed.

1 Answer | Asked in Child Support for South Carolina on
Q: My ex husband is over $25,000 behind in back child support. His child support payment is based on income of $700 month

Our 3 children are over 18 now

Can I ask the judge to modify his payment amount based on his current income of approximately 2100.00 month.

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

If he has previously been held in contempt for failure to pay, then he is likely ordered to pay the arrears at a court-ordered rate. If you believe he is earning more income than before -- and that you can provide evidence of his greater income -- then you could file an action to modify the prior... Read more »

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: In child custody when a court order is needed can I file papers to refute such an order based on the children’s needs?

This involves the custodial parent moving more than 15 miles from a present location which would encumber all the details of the custodial agreement.

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

I'm a little bit confused by your question, but it seems like you are asking whether a court order can be modified based on the custodial parent moving more than 15 miles from their current location because the relocation would make the terms of the agreement difficult to follow.

Court...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: What can I do?

During a separation I started seeing a girl, decided that didn't work out. Over a year later she's wanting a DNA test for a child I didn't know about. She has another man on the certificate, I also want to sign my rights over if the child is mine. What can I do? What happens if her... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

It's unclear whether the mother of the child has filed an action in Family Court. If she were to do so, then the Court could order you to undergo DNA testing. Assuming you are the biological father of the child, and you want to terminate your rights, then you would need to sign a "Consent... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: How to ask judge to make defendant fill out "financial verification (SCCA 430)" form and let me have the info?

In the case the defendants will have to pay us child support but the court is going to use a statum of minimum wage as a basis. I know that they have a higher income, so would like the judge to make them fill out a financial verification form so that I could use the information as part of the... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

It sounds like you may have placement of a child as part of an action brought by the Department of Social Services.

SCRFC Rule 20 requires a financial declaration to be completed in any action in which the financial condition of a party is relevant. If you are a party to the case, you can...
Read more »

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