South Carolina Questions & Answers

Q: What are the laws on selling alcohol in a drive thru convenience store in SC? Curbside sales, etc.

1 Answer | Asked in Consumer Law for South Carolina on
Answered on Feb 20, 2018

South Carolina has never allowed drive-through alcohol sales and it would take a change in the ABC Regulations to accomplish this. It is not believed that there is a chance such a rule would pass as the Mothers Against Drunk Drivers would come out in force to stop what they believe would encourage drinking and driving.
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Q: does a home that is mortgaged have to be included in probate? Husband died, wife survived and mortgage is in both names

1 Answer | Asked in Probate for South Carolina on
Answered on Feb 18, 2018

If the home were in joint name with rights of survivorship (as most married couples own real estate) then it doesn't pass through probate, and it is the survivor's sole property by operation of law. If they owned as 'tenants in common' and not with survivorship conditions, then it MAY need to be probated.

If you aren't clear how the property was owned, then you need to see a local real estate lawyer ASAP to clarify the situation.

-- This answer is offered for informational...
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Q: My husband and I have a 9 month old child and I do not work. We both agreed for me to stay home with the child.

1 Answer | Asked in Child Support, Divorce and Family Law for South Carolina on
Answered on Feb 14, 2018

You have as much right to be in the marital home as your husband does until the family court rules otherwise, after notice and hearing. Do not leave. Also money earned during a marriage is marital money so you have a right to use some of that money to retain a lawyer.
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Q: I'm a subcontractor in S.C. If I hire me (1) helper and pay him a flat salary, do I have to carry worker's comp. on him?

2 Answers | Asked in Employment Law, Workers' Compensation and Business Law for South Carolina on
Answered on Feb 14, 2018

If you only have one employee, in South Carolina you do not need to have workers' compensation insurance.
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Q: I was told I can either willingly sign over my rights to my kids and get visitation or fight it and not see them,

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Answered on Feb 13, 2018

A written consent to terminate parental rights must state that you are signing over your rights freely and voluntarily AND a lawyer must review the consent with you and explain your rights before you sign and your consent must be witnessed. You mention nothing about how your sister came to have custody or about the court order that granted your sister custody. Custody orders typically address what visitation the non-custodial parents has. If you were granted visitation by the court, you can...
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Q: according to SC laws pertaining to auto loans, are you allowed to make principal payments without being charged interest

1 Answer | Asked in Banking and Consumer Law for South Carolina on
Answered on Feb 13, 2018

You need to review the note and related documents. Under a standard amortization, you can make payments to principal.

If your loan was financed using the rule of 78's, then, you cannot pay principal as you are asking.

If the loan is a simple interest loan, you are charged interest from the time you make one payment until you make the next payment. It is possible that you could not even pay any principal if you pay your loan a little late.

The question regarding the...
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Q: My child case settled for 22,500 after fees/bills will receive 13,900 does all of it have to go in structured settlement

1 Answer | Asked in Personal Injury for South Carolina on
Answered on Feb 11, 2018

None of it has to be a structured settlement unless you agree to structure the settlement. Given the amount of the settlement, this will have to be Court approved as it involves a minor child. Also, a conservator will need to be appointed to manage the funds given the amount. There is also a bonding issue. There are many forms and documents that will have to be filed with the Court to have this processed. If you do not have an attorney, I certainly believe you will need one to navigate...
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Q: If my original lease has expired and moved informally to a month to month. Do I need to give notice of leaving.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Answered on Feb 10, 2018

You should formally ask LL for bedbug treatment with xxx days or you will do it at his cost deductible out of rent. Otherwise, you will have no choice except to vacate by xxx date, etc. Letter must be delivered properly.
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Q: can my sister force me to sign over my rights even if she has custody?

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Answered on Feb 8, 2018

No, to relinquish parental rights, the law requires that the relinquishing parent be represented by a lawyer in executing the relinquishment document and the relinquishment must be voluntary.
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Q: dss closed my case in 2015. my mother has custody. does courts ruling of supervised visits still apply?

1 Answer | Asked in Family Law for South Carolina on
Answered on Feb 8, 2018

The Court's order will remain in full force and effect until it is replaced by a subsequent order modifying it. Child custody, visitation and child support are always modifiable if either party petitions for a modification AND if the evidence presented shows that there has been a circumstantial change in circumstances, since the prior order, that warrants a modification.
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Q: I was pulled out infront of in a construction zone with signs saying do not pass. Can you help

1 Answer | Asked in Car Accidents and Construction Law for South Carolina on
Answered on Feb 3, 2018

Generally do not pass refers to people passing on the left. If you're dash cam or intersection cam show him whipping in front of you, great! You may get a reduction in at fault. A lot depends on how the police write it up. See if there is an intersection cam--you have to do this ASAP as images get trashed after 2-5 days due to storage space they take up.If you were injured contact a member of the SC Assn for Justice--they give free consult.s
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Q: Knee injury settlement estimate for lateral meniscus tear

2 Answers | Asked in Workers' Compensation for South Carolina on
Answered on Feb 2, 2018

False. Call one of us and without charging, we can explain exactly how we can maximize your recovery. Further, your injury is worthy of compensation; your claim matters.
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Q: Can I file suit for workers comp years later if the same body part gets hurt on another job again 10 years later?

2 Answers | Asked in Workers' Compensation for South Carolina on
Answered on Feb 1, 2018

Generally, yes. You can include a re-injury in your new claim. Pursuing benefits for a re-injury can be a little tricky so you should consider having representation on your claim. A free consultation is a good place to start. I encourage you to reach out soon to have have a conversation with an experienced workers' compensation lawyer about the specifics of your case because we can help you determine your best options.
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Q: Hello my father messed his knee really bad and is needing surgery under workers comp.

2 Answers | Asked in Workers' Compensation for South Carolina on
Answered on Jan 29, 2018

You do have options. He can get his treatment in Texas, it just has to be addressed with the adjuster or opposing counsel. Really should speak to one of us on Justia so we can explain your options.
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Q: Is there a law now stating that child support can no longer take your license bc of child support

1 Answer | Asked in Family Law and Child Support for South Carolina on
Answered on Jan 29, 2018

There is a bill pending in the State General Assembly that would repeal the statute that authorizes suspending a person's driver's license for failure to pay child support. As of January 10, 2018 that bill was being reviewed in committee. It will have to go to and be signed by the Governor of South Carolina because it becomes law.
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Q: I have an outstanding Auto Title Loan in 2007-2008. Original loan was $1,500 which has been paid. Still owe

1 Answer | Asked in Consumer Law and Small Claims for South Carolina on
Answered on Jan 29, 2018

You must not have paid the interest on the loan from what I can understand of your question. You can go to the company and offer them something for the title and they may be willing to take that amount. The title company does not have to accept any amount.

Do not make the offer in writing or the debt may be revived. The statute of limitations appears to have run on this debt and you may be able to bring an action to clear the title since the lien is unenforceable.

You really...
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Q: My daughter was stopped for busted headlight on passenger side but it still works and it was 5pm daylight hours

1 Answer | Asked in Personal Injury and Traffic Tickets for South Carolina on
Answered on Jan 28, 2018

Wow. It is faulty equipment; however, that's really odd that one would get pulled over for that alone. I have little doubt that if you go to the hearing, it will get significantly decreased or dropped based upon the fact it was day light.
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Q: My husband and I have separated. Would I be getting a better refund filing married/joint or single? 1 dependent age 18

1 Answer | Asked in Family Law and Tax Law for South Carolina on
Answered on Jan 24, 2018

If you are still married you cannot file as single. You can file married filing jointly or married filing separately. It is impossible to tell you which way you would get a bigger refund so I can only speak in general terms. There are certain deductions that you will not be allowed to take if you file married filing separately.

There can be benefits to filing separately. If filing jointly would result in a liability then you are both jointly and severally liable for the taxes due....
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Q: I was involved in an auto accident on 9/29/17. Is it too late to file a personal injury suit? My pain has worsened since

1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Answered on Jan 24, 2018

In TN, you have three years within which to file and serve a lawsuit (there are some exceptions such as if the at-fault party works for a municipality...). There are a few issues i can already see such as have you gone to the doctor yet? If not, that could be an issue. You really should simply call a local attorney on this cite, without charge, and get some solid advise. You should be able to get the driving record fixed easy enough and an attorney can assist with that as well. I hope you...
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Q: I gifted two vehicles before the reading of the will as i was under duress and then found out they were willed to me.

1 Answer | Asked in Estate Planning for South Carolina on
Answered on Jan 22, 2018

Probably not. If the cars were supposed to be "yours" and YOU gave them away, that sounds like a completed gift.

The fact that you didn't 'dot the i's' and transfer them to yourself through probate first really doesn't matter much.

But this depends on what you mean by 'under duress' -- that is a legal term of art and may not mean what you think it does. Someone putting social or verbal pressure on you to act is probably not 'under duress' .... someone holding a gun to your head...
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