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South Carolina Questions & Answers
1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Can I be fired for refusing to do cleaning I consider a hazmat job during this coronavirus atmosphere? (guest's vomit)

I am on Worker's Comp working 21 hours a week. My job is housekeeping and a guest threw up all over her room. During coronavirus I consider this a hazmat clean up. My boss says I have to do it. Can they LEGALLY fire me for refusing to do it? I honestly can not, physically, bend and do this... Read more »

Jeffrey David Morris
Jeffrey David Morris answered on Dec 3, 2020

In my opinion, they could possibly fire you so long as your work restrictions given by the treating physician were met when you were requested to perform this task. The coronavirus situation does not change the answer legally in my opinion. However, there is probably much more to the situation that... Read more »

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My mother passed away in August 2020 and left me the mobile home and 1 acre land do I need to get an attorney
Anthony M. Avery
Anthony M. Avery answered on Dec 1, 2020

Yes... Hire a competent attorney to search the title, including the certificate of title on the mobile home. If secured debt liens exist, and the title is otherwise clear, start paying them along with taxes and insurance. Get an Affidavit of Heirship recorded as your source of title if you are... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Got caught shoplifting less than $50 of merchandise at Walmart. What to do and what can happen? I didn’t sign any papers

Police were called and I did receive a summons to get a court date. No prior record.

Ryan D Templeton
Ryan D Templeton answered on Nov 30, 2020

It’s always a god idea when you have be charged with a crime to contact a criminal defense attorney in the area where you were charged. That lawyer is going to be in the best position to work out a deal with the prosecutor, get you into a diversion program, or take your case to a jury if needed.... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Bf was in an accident, he was at fault we heard that the other party hired an attorney, no papers served yet.

my bf has a large amount of savings that he doesn't want touched, can he transfer those funds to me (girlfriend of 20 years) under just my name and not have it be an issue

Tim Akpinar
Tim Akpinar answered on Nov 28, 2020

A South Carolina attorney could advise best, but your post remains open for a week. As a general matter, if his vehicle was insured, that should be the primary source of covering the other side's claims for damages. A South Carolina attorney familiar with the operation of state laws for... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: Can an employer in South Carolina (vet clinic) legally cap hours paid if they have to work more hours sometimes?

The cap is: no more than 80 hours / pay period, however sometimes with emergencies employees cannot decline working even though they have met their hourly cap for that pay period. Is this illegal?

Kyle Anderson
Kyle Anderson answered on Nov 25, 2020

More facts are needed to fully evaluate your situation. It sounds like you are paid hourly. If you are paid hourly, work more than 40 hours per week (overtime is based on a 40 hour work week, not 80 hours in two weeks), you likely should be getting paid for this time. I would reach out to an... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for South Carolina on
Q: Can a person with a restricted licence drive a car while a license driver in passager seat?
Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

A South Carolina attorney could answer best, but your post remains open for a week. As a GENERAL matter in ANY jurisdiction, it could depend on the restriction. Nationwide, Departments of Motor Vehicles enforce different classes of restrictions, covering things such as hearing aids, shoulder... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long does it take to see a judge after you get an attorney?

I retained an attorney for criminal charges. The prosecutor refused to lift the bench warrant. My attorney said he filed and are waiting for the prosecutor to send over all the case files. How long does this process usually take?

Ryan D Templeton
Ryan D Templeton answered on Nov 22, 2020

Rule 5 of the South Carolina Rule of Criminal Procedure require that the state turn over everything that is discoverable within 30 days of request.

1 Answer | Asked in Criminal Law for South Carolina on
Q: What does x3 mean on a shoplifting charge? Also listed is hold for department of public safety awaiting warrant?
Ryan D Templeton
Ryan D Templeton answered on Nov 22, 2020

It can mean a few different things but most likely it means that the person is being charged with a shoplifting under the South Carolina property crime enhancement statute which make a normal misdemeanor shoplifting turn into a 10 year felony. This occurs when a person has three of more property... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If the police targeted someone that was currently on house arrest to buy drugs from their informant is that entrapment
Ryan D Templeton
Ryan D Templeton answered on Nov 22, 2020

In order to assert the defense of entrapment in SC, you would have to show two things:

1) A government actor induced you to commit a crime; and

2) The lack of a predisposition to commit such a crime.

Therefore, based on the limited set of facts that you present in your...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for South Carolina on
Q: Is there someone who can help my son and I? Over 14,000 count of toxic black mold was found in our apartment.

A month after moving in my apartment, there was a faulty leak caused by building contractors, causing cracks through my kitchen ceiling, almost caving in on us and resulted in a widespread of mold. This year again over 14,000 count of toxic black mold has returned. I've done everything... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

A South Carolina attorney could answer best, but your question remains open for two weeks. I'm sorry for your heartbreaking and stressful situation. Unfortunately, as you've already learned on your own, mold cases can be difficult to find representation for. Many injury law firms do not... Read more »

Q: I live in Charleston sc an was pulled over over with catalytic converters in my truck an they took them with my permit

They didn't arrest anyone or nothing an investigation came out an kept me an the passenger there for hours before finally letting us go an taking the property that we had an could prove we took them off junk vehicles that was owned by the passenger of my truck is this ok for them to do

Tim Akpinar
Tim Akpinar answered on Nov 16, 2020

A South Carolina attorney could answer your question best, but it remains open for four weeks. As a general matter, catalytic converters attract bad attention due to their theft for the precious metals they contain. Although your transport of the converters was legitimate as metals recycler,... Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: My car was damaged in a parking lot. No injuries, no witnesses, or note left.

I had minor damage and filed claim with ins company. I want to file police report for documentation. I do not think an investigation is needed. If I file police report Will police open investigation? SC

Tim Akpinar
Tim Akpinar answered on Nov 14, 2020

A South Carolina attorney could answer best, but you await a response for two weeks. As a GENERAL matter, such a situation would not elicit an investigation in most jurisdictions; you are correct. A cursory investigation could be made in terms of T/P/O, extent of damages, and some other basic... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Civil Rights and Constitutional Law for South Carolina on
Q: Called hotel asked if room stayed in before was vacant after told yes discussed prices and then was told he would not re

Rent me room in front but can rent same room in back. After I called cust Ser. She said guy then said I was banned from property bc of 1st stay. Stayed 1 night and he accused me of having high traffic to and from my room which wasn't true and that me and my girlfriend was sitting outside. I... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

A South Carolina attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, hotels are given leeway in terms of declining patrons. The most practical option might be to look into other hotels. You could consult with a South Carolina to ask if they see things... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: I've entered into a Purchase and Sale Agreement to purchase an acre of land.

I've had the land surveyed and have a plat map. The seller is also in the process of selling additional land adjacent to the property I'm buying. Because there is nothing recorded showing that I am in the process of buying the land, the buyer of the other property has had all of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2020

You could very well lose the prospective property transfers. Without a Deed conveyance over to you, the owner is still free to convey to others. You might be able to sue him for breach of contract, but you better read your contract verbatim. It sounds like you do not have a set closing date.... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Do I need a lawyer with me?

I was fired for theft. This is my first offense. I wasn't arrested, but I was told by an officer that they would call me and turn myself in. He told me I would likely not see jail time, and the judge would offer me different options for repayment of my new debt to my former company. I really... Read more »

Ryan D Templeton
Ryan D Templeton answered on Nov 12, 2020

If you are turning yourself in to law enforcement you should always have an attorney with you. Only an attorney is in the best position to work out the details of any agreement with the state. Just remember that any admission or promise to repay could be used against you down to road. At the very... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: I have a judgement against me to the tune of around $13,000. My husband and I both have a will.

If my husband dies before me, will the judgement become due after the transfer of assets to me? Also, will a irrevocable trust be advisable to keep all creditors and judgement at bay? I am the one with a judgement. My husband would do the trust by himself with me as beneficiary, hopefully to avoid... Read more »

Ben F Meek III
Ben F Meek III answered on Nov 9, 2020

The judgment is due now. The judgment may grow dormant or become unenforceable over time if the judgment creditor does not keep it alive by taking certain steps, such as, for example, issuing an execution or garnishment every so often. Joint bank accounts with your husband may be vulnerable now... Read more »

2 Answers | Asked in Criminal Law for South Carolina on
Q: How long can they hold you without serving you a warrant?

My boyfriend was arrested 3 days ago. He was arrested at a traffic stop for a bench warrant he had for a prior drug possession charge that he skipped court for a year ago. Every time I call to see if he will be up for bail hearing they say he is still on hold. They said the arresting officer has... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Nov 5, 2020

Hello.

A bench warrant is not like a regular warrant. Your boyfriend will be held until he is brought before a judge, and the judge vacates (removes) the bench warrant. In order for the court to do that, and to assure that the court is going to want to know that your boyfriend has been...
Read more »

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1 Answer | Asked in Bankruptcy for South Carolina on
Q: If I do file a chapter 7, will the creditors still show up on the credit bureaus?
David Luther Woodward
David Luther Woodward answered on Nov 2, 2020

that's a question you will have to ask the credit bureaus. Lawyers run the law business, credit bureaus do theirs.

good Luck

d

2 Answers | Asked in Bankruptcy for South Carolina on
Q: I am 80 yo and I owe a lot of money to bank and hospital. Can I personally file Ch. 7 and not include my husband?

I also have absolutely no assets in my name at all.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 2, 2020

Section 109 of the Bankruptcy Code describes who is eligible to be a debtor in a Chapter 7 case. Basically, there are upper limits to permissible income, which is no bar for you. So yes, you can file a Ch. 7 petition without joining your husband, and you don't need his permission, either.

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for South Carolina on
Q: My landlord emailed me my lease on 10/15/20 but there is not dates on the lease. it states it’s a 12 month lease. valid?
Ryan Schmidt
Ryan Schmidt answered on Nov 2, 2020

Generally speaking, if both parties signed it and there is other evidence available of when it was signed and returned (emails, metadata, etc.) it is likely valid for 12 months from the date of signing. Alternatively, if there is a date block on the signature line, that date may be used. Lease and... Read more »

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