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: Can workers comp pay (66 2/3) be based on the initial injury compensation?
Carole Jean Hayes' answer
The adjuster is correct if this is still part of the original injury. There was not a second incident/accident that aggravated the knee???? If not, you are stuck with the same compensation rate.
The adjuster is correct if this is still part of the original injury. There was not a second incident/accident that aggravated the knee???? If not, you are stuck with the same compensation rate.
Q: I was served notice from a debt collector who bought the unpaid credit card debt, seeking a civil judgment.
Timothy Denison's answer
If they sue you and you don’t respond, they get a judgment against you for everything theywant. Your military retirement and disability are exempt from seizure, but your normal pays not and can be garnished. Contact a local attorney to negotiate a payment arrangement for you.
If they sue you and you don’t respond, they get a judgment against you for everything theywant. Your military retirement and disability are exempt from seizure, but your normal pays not and can be garnished. Contact a local attorney to negotiate a payment arrangement for you.
Q: Can I legally move my son out of state without his father's consent? We were never married.
Cheryl Ann Truesdale's answer
A child born out of wedlock is presumed to be the child of the mother, but the father's paternity has to be established in a family court case in order for him to assert his parental rights. A father whose parental rights have not been judicially established has no say concerning the child. Having said that, nothing prevents a father from filing an action in family court to have his paternity declared and to seek custody or visitation with the child even after the mother has moved.
A child born out of wedlock is presumed to be the child of the mother, but the father's paternity has to be established in a family court case in order for him to assert his parental rights. A father whose parental rights have not been judicially established has no say concerning the child. Having said that, nothing prevents a father from filing an action in family court to have his paternity declared and to seek custody or visitation with the child even after the mother has moved.
Q: I was charged with burglary 2 and a key was used to gain entrance. Would that charge remain the same
Stephen Grooms' answer
It doesn't matter if you have a key, the question is whether or not you had permission to enter and for what purpose. There are several different reasons this is a burglary 2nd as opposed to a burglary 3rd or burglary 1st. You should contact an attorney to discuss your case.
It doesn't matter if you have a key, the question is whether or not you had permission to enter and for what purpose. There are several different reasons this is a burglary 2nd as opposed to a burglary 3rd or burglary 1st. You should contact an attorney to discuss your case.
Q: Can I live in a foreclosure house jointly bought by me and my checkbook self-directed IRA during renovation?
Eric Steven Day's answer
You cannot live in the house. Anything that you use IRA money to buy cannot be for the benefit of the IRA member. You can manage the LLC that you set up, but you cannot work on the house yourself nor live in it during renovation. That is a prohibited transaction and will cause the IRS to potentially shut down your IRA
You cannot live in the house. Anything that you use IRA money to buy cannot be for the benefit of the IRA member. You can manage the LLC that you set up, but you cannot work on the house yourself nor live in it during renovation. That is a prohibited transaction and will cause the IRS to potentially shut down your IRA
Q: Can Military retirement levied from a bank account after a judgement in SC. It's consumer debt only. (Not VA disability)
2 Answers
| Asked
in
Bankruptcy, Consumer Law and Collections
for
South Carolina
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
D. Nathan Davis' answer
Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's money, a part-time job etc.
Once the money is taken, it is always hard to get it back. You may want to send a letter to the attorney for the creditor who obtains the judgment advising them that...
Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's money, a part-time job etc.
Once the money is taken, it is always hard to get it back. You may want to send a letter to the attorney for the creditor who obtains the judgment advising them that...
Q: Gdm I had a workman Comp case that was settled.. but I now have reoccurring pain & I no longer live in New Jersey
Ilene Stacey King's answer
I'm guessing you had a NJ workers' comp claim, since you had a NJ lawyer. If you had a NJ workers' comp claim, the answer to your question depends on NJ workers' comp law. As a SC lawyer, I can't advise you on NJ law and I have no idea if your lawyer is correct that you have to travel back and forth to NJ for treatment. I could tell you how that issue is usually handled in a SC workers' comp claim but that would have no bearing whatsoever on a NJ workers' comp claim. Workers' comp differs...
I'm guessing you had a NJ workers' comp claim, since you had a NJ lawyer. If you had a NJ workers' comp claim, the answer to your question depends on NJ workers' comp law. As a SC lawyer, I can't advise you on NJ law and I have no idea if your lawyer is correct that you have to travel back and forth to NJ for treatment. I could tell you how that issue is usually handled in a SC workers' comp claim but that would have no bearing whatsoever on a NJ workers' comp claim. Workers' comp differs...
Q: A guy runs a red light and T-Bone you. Can you sue his insurance company and do a personal suit against him?
2 Answers
| Asked
in
Personal Injury and Car Accidents
for
South Carolina
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
Titus Thomas Nichols' answer
You will want to consult with a Personal Injury attorney who is familiar with these types of cases. Although the driver is clearly at fault, his insurance company will not want to pay you a fair compensation.
You will want to consult with a Personal Injury attorney who is familiar with these types of cases. Although the driver is clearly at fault, his insurance company will not want to pay you a fair compensation.
Q: I'm under bankruptcy and I want to rent my kid a game system online can i do this without effecting my case?
Timothy Denison's answer
Yes, so long as you are able to pay for it online and still make the monthly payments to the trustee.
Yes, so long as you are able to pay for it online and still make the monthly payments to the trustee.
Q: We had a company come to the house sell us a $7500 water softener installed now they want $1900 to take it out 2 days la
1 Answer
| Asked
in
Constitutional Law, Consumer Law and Small Claims
for
South Carolina
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
D. Nathan Davis' answer
If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.
If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed contractors cannot sue and demand payment in South Carolina.
You can also file a complaint with the South Carolina Department of Consumer Affairs and it will investigate the company if it not...
If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.
If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed contractors cannot sue and demand payment in South Carolina.
You can also file a complaint with the South Carolina Department of Consumer Affairs and it will investigate the company if it not...
Q: Can a sheriff have a vehicle towed,in SC after car breaking down for only 45mins.
Carole Jean Hayes' answer
Unfortunately, without some kind of extenuating circumstances, they can do this as it impedes the flow of traffic. Check on your policy to see if you have towing coverage.
Unfortunately, without some kind of extenuating circumstances, they can do this as it impedes the flow of traffic. Check on your policy to see if you have towing coverage.
Q: Can I get unemployment if I get fire or laid off within 90 days of hire or employment. ?
Jeremy R. Summerlin's answer
You can apply for unemployment benefits, but the amount you might receive is based on your income in the months leading to your termination. Also, if you were fired for cause, then you won't receive any benefits.
You can apply for unemployment benefits, but the amount you might receive is based on your income in the months leading to your termination. Also, if you were fired for cause, then you won't receive any benefits.
Q: can I use part of a trade marked name in my website name?
John Espinosa's answer
Yes, they can. You need to hire an attorney with experience in trademark defense to advise you on how to best proceed.
Yes, they can. You need to hire an attorney with experience in trademark defense to advise you on how to best proceed.
Q: If I published a book of jokes found on the Internet ... What are my liabilities? Maybe I add uniqueness to each ...?
1 Answer
| Asked
in
Copyright, Products Liability, Communications Law and Intellectual Property
for
South Carolina
on
Answered on May 27, 2018
Answered on May 27, 2018
John Espinosa's answer
What you are talking about is creating a derivative work that you can then copyright. You can only do that if it is not substantially similar to the existing work. What you propose here is not enough to pass that test. Here is a helpful resource from the copyright office so you can see what I mean: https://www.copyright.gov/circs/circ14.pdf
What you are talking about is creating a derivative work that you can then copyright. You can only do that if it is not substantially similar to the existing work. What you propose here is not enough to pass that test. Here is a helpful resource from the copyright office so you can see what I mean: https://www.copyright.gov/circs/circ14.pdf
Q: What kind of rights does my child’s father have if we never married
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
South Carolina
on
Answered on May 24, 2018
Answered on May 24, 2018
Cheryl Ann Truesdale's answer
An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be established as easily as having the father and mother admitting in court that he is the father. If there is a dispute as to paternity, DNA testing can be done.
An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be established as easily as having the father and mother admitting in court that he is the father. If there is a dispute as to paternity, DNA testing can be done.
Q: Are we required to pay rent if the sales tax on a house has not been paid
Eric Steven Day's answer
You are required to pay rent because your rent obligation is determined through the contract you have with the landlord. The past taxes are the responsibility of the landlord, but this will not relieve you of your obligation to perform under your rental agreement as contracted with the landlord. However, you may want to look around for somewhere else to live depending on how delinquent they are.
You are required to pay rent because your rent obligation is determined through the contract you have with the landlord. The past taxes are the responsibility of the landlord, but this will not relieve you of your obligation to perform under your rental agreement as contracted with the landlord. However, you may want to look around for somewhere else to live depending on how delinquent they are.
Q: My husband has a SC workers comp claim which was approved for settlement on March 20, 2018.
Carole Jean Hayes' answer
It can take anywhere from a few days to a month. I am not sure what is taking 2 months....it certainly could happen. Obviously, you need to talk to your attorney. I am sure if you call your attorneys' office and let them know that you are "confused" about where your money is, you will get a response. If you do not get a response, perhaps you could call one of us on AVVO and see if we can assist.
It can take anywhere from a few days to a month. I am not sure what is taking 2 months....it certainly could happen. Obviously, you need to talk to your attorney. I am sure if you call your attorneys' office and let them know that you are "confused" about where your money is, you will get a response. If you do not get a response, perhaps you could call one of us on AVVO and see if we can assist.
Q: I filed chapter 13 about 27 moths ago. Since I had some serious medical issues that caused be to get behind on my mort.
Timothy Denison's answer
You may be able to modify the plan to include them if the modification is denied. Check with your attorney to see if there are other options available, including voluntarily dismissing and refiling to include them in the 24 month arrearage cure plan.
You may be able to modify the plan to include them if the modification is denied. Check with your attorney to see if there are other options available, including voluntarily dismissing and refiling to include them in the 24 month arrearage cure plan.
Q: I have a chapter 13 a little over 2 years old. My wife was not included. Since I have had some serious medical issues.
Timothy Denison's answer
Arguably, if loan mod is denied, you could dismiss your 13 and then refine a 13 with her and put your arrearagesin the 13 to be repaid over a two year period. Of course, you still have to keep the mortgage current while you’re doing that!
Arguably, if loan mod is denied, you could dismiss your 13 and then refine a 13 with her and put your arrearagesin the 13 to be repaid over a two year period. Of course, you still have to keep the mortgage current while you’re doing that!
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