South Carolina Questions & Answers by Practice Area


South Carolina Questions & Answers

Q: How do I find a medical malpractice lawyer? Knee Replacement?

1 Answer | Asked in Medical Malpractice for South Carolina on
Answered on May 23, 2017

Not necessarily malpractice,but why not call Carl Jacobson in Charleston. Tell him I suggested you call.
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Q: Should I just pay my ticket and risk it following me back to my state?

1 Answer | Asked in Traffic Tickets for South Carolina on
Answered on May 23, 2017

You should do neither. You should hire a local traffic attorney to resolve this for you.
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Q: What can I do if a mechanic tampers with the dash cams in my vehicle?

1 Answer | Asked in Car Accidents and Consumer Law for South Carolina on
Answered on May 23, 2017

Did he damage them? If not just don't go there again.
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Q: I have been in the military for 20 years got a misdemeanor cdv in 1994 and it was pardoned in 2003 due to going to Iraq.

1 Answer | Asked in Military Law, Civil Rights and Criminal Law for South Carolina on
Answered on May 20, 2017

The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.
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Q: Do I have to have the court in SC to "appoint" me personal representative of a trust in which my mom named me her rep?

1 Answer | Asked in Estate Planning for South Carolina on
Answered on May 17, 2017

Trusts don't have 'personal representatives' they have trustees. ESTATES have personal representatives, and the Court needs to appoint them. It sounds like you've mixed up a couple of issues here, and you'd likely benefit from an appointment with a local estate planning / probate attorney to review things and make sure you are on the right track of taking care of things properly.

Depending on what needs to be done this could be as simple as a single office conference that will not cost...
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Q: My husband passed away 7 years ago with a mortgage in his name only that is now in default. Can they take my new home?

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Answered on May 14, 2017

The issue is whether you were liable for the repayment of the money. This is done in most instances by a separate note so that a lender can go after someone, even if the property becomes worthless. Simply inheriting the interest of your deceased spouse does not make you liable for repayment of the debt. Of course, the lender will likely be able to take the property and sell it to pay itself as much as possible.

You need to retain an attorney to protect your interest as you may be...
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Q: My Chapter 13 case was "dismissed after confirmation pending FR" on 5/3/17 - when will creditors start calling again?

3 Answers | Asked in Bankruptcy for South Carolina on
Answered on May 8, 2017
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Q: My husband is charged with criminal solicitation of a minor and posetion of meth in sc will he do time in jail

1 Answer | Asked in Criminal Law for South Carolina on
Answered on May 2, 2017

Yes, jail time is possible. It is important for him to consult a criminal defense lawyer of his own choosing and find out what his options are based upon the facts of his case.
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Q: A friend git charged with DUI she wasn't under the influence at that time she fell asleep at the wheel and wrecked her

2 Answers | Asked in DUI / DWI and Car Accidents for South Carolina on
Answered on May 2, 2017

She definitely needs legal help. A lawyer could challenge the arrest and the video.
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Q: We're personally being sued for a fender bender our insurance already settled. Do we hire a lawyer personally now?

1 Answer | Asked in Car Accidents for South Carolina on
Answered on May 1, 2017

You contact the insurance for the church that settled; you also contact your personal car insurance for the time of the wreck.You a)make copies of whatever you got b)make sure each adjuster gets a copy faxed, with claim number of that insurance company at the top of your enclosure letter and on top of the documents sent c)let them handle it--that's why you have insurance!
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Q: hello,if one car was backing up and 1 backing out but the car that backed out hit the car that was backing up who"s at

1 Answer | Asked in Car Accidents for South Carolina on
Answered on May 1, 2017

By backing out I assume you mean from a parking place? Both were at fault. Let the insurance companies hassle it out.

The car backing out has a slightly greater duty as 1)vision impaired 2) entering a lane for traffic.

However if the other car is backing, it is going in a direction that the other driver would not be on the lookout for so to me it's a wash.
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Q: Can I be let go from my job because I'm having surgery and I'm under workers comp at this time

2 Answers | Asked in Workers' Compensation and Employment Law for South Carolina on
Answered on Apr 27, 2017

This is a complicated issue. The short answer is, usually, yes, you can be let go. South Carolina is what is called an employment at will state which generally means an employer can hire or fire for any reason, good or bad, or no reason at all. There are some exceptions.An employer can not hire or fire based on race, gender, age,or permanent disability because that would be prohibited discrimination. Also, an employer can not retaliate against you for pursuing your workers' comp remedies....
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Q: IF I FILL BANKRUPTCY WILL MY JUDGMENTS BE REMOVED OFF MY LICENSE???

1 Answer | Asked in Bankruptcy for South Carolina on
Answered on Apr 27, 2017

In most situations, a bankruptcy will get the judgment off your license so you can drive legally. The only exception is drunk driving without insurance. Many times you can get your license back once you file and not wait until you obtain your bankruptcy discharge.

Q: Please recommend a bankruptcy lawyer in Spartanburg.

1 Answer | Asked in Bankruptcy for South Carolina on
Answered on Apr 27, 2017

Lawyers in both Greenville and Spartanburg counties will be going to the same courthouse. My best advice is to the website for NACBA. (National Association of Consumer Bankruptcy Attorneys) There are a lot of good attorneys and going to this website will show you attorneys who actually practice in this area of the law and not dabble.
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Q: What does nullo bono mean on my tax bill?

1 Answer | Asked in Tax Law for South Carolina on
Answered on Apr 27, 2017

I am assuming that you are referring to a property tax bill. nullo bono means many things, however, it is likely that the County realized that the tax bill was improperly issued. If this occurs, the County can issue a new bill that is correct. If you sold a car, for instance, the bill may be marked nulla bono because the car was taken and registered in a different county.

Real property tax bills are also sometimes marked nullo bono because a new bill is being issued that correctly...
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Q: Am I responsible for my foreign wife who has no green card, if she leaves my home and resides somewhere else in America?

1 Answer | Asked in Immigration Law for South Carolina on
Answered on Apr 26, 2017

This is a question best asked in the privacy of an office, since all of the facts remain unclear. There are things that you can do to withdraw the I-864, but you may want to think about it, since she can self petition, where there is arguable abuse. Whether she is approved is another matter; you can't intervene on an abused spouse petition, since the evidence must be evaluated without your interference. That said, please continue to read, since it may help your marriage and her emotional...
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Q: I am married with an American citizen for 4 years with green card for 10 years, and have a 17 years son.

1 Answer | Asked in Immigration Law for South Carolina on
Answered on Apr 25, 2017

Your son must first be an LPR. You have not stated whether he is. He will become a Naturalized citizen when you become a citizen. He must file the N-600 and get his Certificate of Naturalization.
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Q: Can South Carolina require an Unwed mother to return to the state with children after she has already moved?

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Answered on Apr 21, 2017

She can move. It's unlikely the court will make her move back. In fact, the court can't tell anyone to move. The court just awards custody to either party. However, she should inform him of the move, give an address of where she will be living and offer to make arrangements for him to see the kids if they have had a regular schedule in the past. That will help her if he does file a case in Georgia.
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Q: Do all the siblings have to present in order for the Will to be read ?

1 Answer | Asked in Estate Planning, Family Law and Probate for South Carolina on
Answered on Apr 15, 2017

Nobody 'reads' wills to people any more. It is assumed people can read for themselves, and every interested person is given a copy of the will as a part of the probate process.

You need to speak with a local probate attorney to insure you understand how to do this properly. (And don't take what was done in old movies as 'gospel'!)

Seek local legal help!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an...
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Q: My father died and he has a will there are 7 of us that live other places. Can one of us move into the house before the

1 Answer | Asked in Estate Planning, Family Law and Probate for South Carolina on
Answered on Apr 15, 2017

CAN you, sure.

SHOULD you? That is a much harder question.

Until someone reads the will, how do you know that won't cause problems? Maybe the Will says "My kids are all deadbeats and I want my house to go to the First Baptist Church so they can renovate it for services" ? Maybe he wants to give the house to the local homeless shelter? Maybe he wants Child X to have the house and you let child Y in instead?

Don't be so quick to do things in the wrong order. Take care...
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