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South Carolina Questions & Answers
1 Answer | Asked in Criminal Law and Landlord - Tenant for South Carolina on
Q: Can a landlord make you move out in 2 months and I'm disabled getting a SSDI check.

These people let me move in there house which has been empty for a year...The helped me out and only charged me $300 dollars for rent because my SSDI was not much.. I have been staying for about I months now.. I got a phone call telling me I had to move out in 2 months because they wanted to enjoy... Read more »

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

It really depends if there is a written lease. If there is a lease setting out a term (length of time) that the lease is valid for they cannot evict you before the end of that lease unless they have some cause to do so. If it is only a verbal lease it is normally presumed that it is a month to... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can I be made to move out of a place that I have been living there for the last 6 to 7 years while my grandparents proba

Before my grandparents passed away. I helped on the farm..When things got broken, grass needed to be cut or anything on the 55 acres I would do. My father passed away when I was 15, do I least get my father's half? My uncle is making me move out of a place that is my home, the place is still going... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 7, 2020

You need to hire a probate attorney to help you sort this out. You may or may not be entitled to a share of your grandparent's estate, but you need to act quickly so you do not lose your rights due to failure to timely assert them in the probate case.

1 Answer | Asked in Adoption and Child Custody for South Carolina on
Q: My daughters paternal grandmother has primary custody and I get her every weekend father in jail signed away rights gma

Want to adopt but I no longer agree. What can happen if she tries and I object and when can I request a change of custody

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

If there is a substantial change in circumstance you can always request a change in custody. It would be a good idea to reach out to a family law attorney in your area that can advise you on the best course of action. If you are served with any paperwork regarding the child you need to make sure to... Read more »

1 Answer | Asked in Animal / Dog Law for South Carolina on
Q: Whenever my ex and i broke up, he let me keep our dog on the weekends and sometimes during the week

Then out of no where he took the dog from me and refused to let me see him or get him for two years. He went to jail for about two months recently but contacted me before hand and asked me if i could keep our dog while he was in there. Now that hes out, hes wanting to come get the dog. If i dont... Read more »

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

He would have to file a claim and delivery action in Magistrate Court to force you to return the dog. If you both have an ownership interest in the dog you have just as much right to keep the dog as he does. If on the other hand he can prove that he is the sole owner of the dog then the court would... Read more »

1 Answer | Asked in Small Claims for South Carolina on
Q: Nephew's wedding was cancelled. Photographer will not refund. No contract was signed.

It was booked in January 2019. Photographer has also been charging them for emails, texts, and phone calls which was never disclosed. What can they do?

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

A complaint can be filed in magistrate court as long as the amount is less than $7,500.00 and present this issue to a magistrate to resolve. It would probably be a good idea to speak with an attorney in your area to see if they might be able to help you with this. In some cases attorneys will take... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: my father passed and i moved in house and have been paying all the bills.want to rehab property.

siblings want nothing to do with property...and i want to rehab property for mom and me...there was no will...but i have lived here and all bills are in my name...

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

You need to contact an attorney in your area that does probate work. Without more information it is going to be really hard to answer your question. Who's name is the property in? Did your father's estate go through probate?

I would recommend that you call and speak to a probate attorney in...
Read more »

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: How can a New owner charge all these extra fees and everything that needs fixing they charge the tenants?

The apts. have been here for at least 40 years. I've been here 17 yrs. No upgrade or anything. New owners come from New York City , Bought the property and now tacking all these fees on us, pest fee:$5.00, Community Fee: $10.00, Renter's ins. $12:00 for the building only, My rent now is $975.00... Read more »

Ryan D Templeton
Ryan D Templeton answered on Apr 6, 2020

You would need to take a look at the lease that you signed. The written lease determines the duties and obligations between the parties. in most cases leases are signed for one year at a time and landlords are within their rights to increase rent and fees from year to year but not during a lease... Read more »

1 Answer | Asked in Juvenile Law for South Carolina on
Q: Is it legal for a 16 year old girl & a 20 year old man to date and have sex with each other in South Carolina?
Ryan D Templeton
Ryan D Templeton answered on Apr 6, 2020

The age of consent in the State of SC is 16 years old so the 20 year old can not be charged with statutory rape. That being said, a 20 year old could be charged with contributing to the delinquency of a minor in certain situations.

3 Answers | Asked in Bankruptcy for South Carolina on
Q: Someone said I had a warrant I checked, it said the data source was SC bankruptcy Court I never filed for bankrup

I'm confused because I never discussed bankruptcy and never filed for bankruptcy I don't understand why that would be the data source so I'm trying to find out if I do actually have some kind of warrant out that's legitimate

David Luther Woodward
David Luther Woodward answered on Apr 2, 2020

Bankruptcy Courts do not issue warrants: they are not criminal courts.

Check with the clerk of the bankruptcy courts in SC and see if they have anything on file for you.

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1 Answer | Asked in Probate for South Carolina on
Q: The lawyer for my dads estate is in the hospital ICU. Executor says the case can not be assumed by another lawyer?

My brother and sister are the executors for my fathers date.. They elected to pay a lawyer because they were asked questions about the finances. It’s been over a year and no final accounting and they continue to file extensions. Now the lawyer is ill in the ICU and brother says they can not-... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 31, 2020

I am not licensed in SC, but I am licensed in six other states, and that would not ring true in any of them. If you want to fire your existing, incapacitated attorney and hire a healthy, upright attorney, I believe you can, and you should, of course.

1 Answer | Asked in Car Accidents for South Carolina on
Q: I was In a car accident should I sue the other person insurance even if my damage is minimal

In the car was my children and my younger siblings. A total of 5 in my car the other driver was at fault

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

If you your family were hurt, you need to at least get a consultation. I suggest you contact attorney Carl Jacobson in Charleston, an attorney of great experience who gives free consultations. Tell him I suggested you call. Don't give any statements or talk about where you hurt to any company until... Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: Drove bf car. Got into acct. He's telling ins comp that I didn't have permission to drive but I drive his car all the ti

Can ins comp have me arrested for theft even though he will not file claim with police

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

no but you may have other issues. You need to watch what statements you give--and which he gives. Do thank him for not filing charges. Thinking you have permission isn't theft--but talk to an injury attorney if it was someone else's fault and you were hurt.

1 Answer | Asked in Military Law for South Carolina on
Q: How do I get my dd 214 from my first enlistment ? So I can apply for veterans benefits

I did 8 yrs in the navy and got discharged with an other than honorable discharge. I re-enlisted after 4 years Is there a way I can get a dd214 from my first enlistment ,

R. Davis Younts
R. Davis Younts answered on Mar 28, 2020

You should submit a standard form (SF) 180 to the National Archives. The forms are available online. If there are errors on the DD214 or you need to upgrade your discharge, there is a process for that as well.

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: What is statue of limitations on breach of an employment contract by the employer?
Jeremy R. Summerlin
Jeremy R. Summerlin answered on Mar 27, 2020

The statute of limitations for breach of contract claims, including employment contracts, is three years in SC.

1 Answer | Asked in Contracts for South Carolina on
Q: We made a reservation at a hotel in Panama City Beach, Florida for mid April. Covid19 virus has closed the beach, bars.

The owner says we cannot get a refund because we did not purchase insurance. Our reply was that it's not our fault that everything has closed down and we intended on being there until the virus pandemic hit. We are not at fault neither is the hotel but what kind of vacation would it be when you... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 24, 2020

Unless the hotel itself closes or otherwise does something that makes it impossible for you to stay there you will be unsuccessful suing the hotel. The room rate you paid is not contingent on the beaches in the area being open.

1 Answer | Asked in Car Accidents for South Carolina on
Q: Took keys & drove car. Got into accident. Not on their insurance. But ins. Wants them to file theft but they won't.

Can ins. Comp. Have me arrested

Carole Jean Hayes
Carole Jean Hayes answered on Mar 24, 2020

If he was a permissive user, that means he had permission to use the car by the owner, or someone who had permission by the owner, he may be okay. The insurance company wants you to file charges against him so they don't have to pay the claim. If you contact an attorney I'm sure they will be able... Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: Can an insurance com.have someone arrested for taking a family members and getting into an accident.
Carole Jean Hayes
Carole Jean Hayes answered on Mar 24, 2020

Other illegal issues aside (drinking while driving, etc.,) If he was using the car with the permission of the owner, then perhaps not. You need to talk to an attorney and give more details but it is possible he will be ok. I wish you well.

1 Answer | Asked in Personal Injury, Animal / Dog Law and Municipal Law for South Carolina on
Q: we are allowing ebikes in our community which is about 6 sq miles and has about 2500 residents.

sc rules state that ebikes can go on paths, but our paths are for residents getting exercise who are generally 60+, children on bikes, residents with pets, casual bicylers, etc . we want to restrict bikes to the street and not the paths. can you help?

Tim Akpinar
Tim Akpinar answered on Mar 22, 2020

You might not even need a lawyer. You could contact your local officials in the city council or town board and discuss your concerns with them. Good luck

Tim Akpinar

1 Answer | Asked in Bankruptcy for South Carolina on
Q: If filing Chapter 7 Bankruptcy, a paid for vehicle..

is jointly owned by one debtor and another person not named in the filing, is that vehicle exempt from being collected?

Timothy Denison
Timothy Denison answered on Mar 20, 2020

No, it is still listed as an asset. You own 1/2. If you use your exemptions to protect your interest, you may be able to protect it.

1 Answer | Asked in Family Law and Domestic Violence for South Carolina on
Q: Not married but have children and have lived together for almost 15 years.

My long term boyfriend who is also the father of my kids is extremely verbally abusive and occasionally physically abusive to me over his paranoid insecurities. Several police reports have been filed and he was even arrested but not charged in one case. I just want him to move out of the home that... Read more »

Taylor Silver
Taylor Silver answered on Mar 20, 2020

Your only option at this moment in time (given coronavirus closures) is to file a petition for an order of protection or to move out yourself. If you can't afford a local attorney to help with this, sclegal.org assists people with this issue if you qualify.

Good luck to you.

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