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South Carolina Questions & Answers

1 Answer | Asked in Car Accidents for South Carolina on

Q: Could I use the estimate that includes all of the damage done to my vehicle by the at fault party?

I was in an accident on Thursday, August 8, at approximately 3:12PM. The insurance company listed on the FR-10 form is an insurance company that the owner hasn't had insurance with since 2018. The owner listed on the FR-10 form is not the real owner of the vehicle. I know that to be true due to the... Read more »

Peter N. Munsing answered on Aug 22, 2019

From what you've said, I don't see why not. However if the case is as you have stated, have you told the police so that they may investigate? If the person in fact has no insurance, in many states their license can be suspended if they refuse to pay.

As to the second estimate, you may use...
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2 Answers | Asked in Criminal Law and Federal Crimes for South Carolina on

Q: Can my boyfriend be charged with trafficking if he was never in the house where the drugs were found.

Ryan D Templeton answered on Aug 20, 2019

The short answer is yes but it really depends on the facts of the case and the evidence that law enforcement has to prove trafficking.

The South Carolina Code of Laws Section 44-53-370 (e) provides: "(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or...
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1 Answer | Asked in Criminal Law for South Carolina on

Q: How long can someone sit in jail awaiting trial in sc

Stephen Grooms answered on Aug 19, 2019

There is no set time, someone can sit for as long as the State takes to call the case to court. The only ways to speed up the process is for him/her to file a motion for a speedy trial or often times filing a motion for a bond reduction due to an unreasonably long pretrial incarceration can help... Read more »

1 Answer | Asked in Estate Planning for South Carolina on

Q: If no fee determined, what can Personal Rep of the Estate b pd if banks, invest, etc exceed $600K

I am PR on an estate exceed $650K, no compensation is stated, what is the fees in SC?

Ryan D Templeton answered on Aug 15, 2019

SECTION 62-3-719. Compensation of personal representative.

(a) Unless otherwise approved by the court for extraordinary services, a personal representative shall receive for his care in the execution of his duties a sum from the probate estate funds not to exceed five percent of the...
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1 Answer | Asked in Landlord - Tenant for South Carolina on

Q: My live in tenant went to jail for DUI with back rent owed. Can I evict now or do I have to wait?

This was his 3rd DUI and it appears he'll be jailed for a while. I have no idea how long. He doesn't have anyone to throw his bail and I declined myself. I don't want to be financially responsible. He is on a month-to-month agreement and has been here just over a year. We've had past issues... Read more »

Ryan D Templeton answered on Aug 15, 2019

If you have a lease agreement you can evict for five reason:

1) Failure to pay rent;

2) Material violation of the terms of the lease;

3) Failure to maintain the rental unit in a health and safe manner;

4) Abandonment of the unit; or

5) When the lease term...
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1 Answer | Asked in Family Law for South Carolina on

Q: Can I move from SC to TX with my son without having to go to court?

I have sole custody of my soon to be 12 yr old son. We have a court order for standard visitation and child support. We live in SC and dad lives in NC. Never married. My son hasn't gone for a visit since before April. Dad has agreed to that. I have been offered a promotion in TX. Can we have a... Read more »

Ryan D Templeton answered on Aug 15, 2019

This is a complicate issue that you will likely have to go before a judge to amend the current custody order. Even if the father agrees to the move the best course of action is to contact an attorney to amend the current custody order.

1 Answer | Asked in Estate Planning for South Carolina on

Q: What should be the first action if u suspect estate mismanagement by the executor

I believe the executor of my family's estate is possibly being criminally deceptive and fraudulent managing the estate

Nina Whitehurst answered on Aug 14, 2019

Hire your own probate attorney and petition the court to have the executor removed and to require a full accounting from him or her.

1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on

Q: I've found myself in a confusing situation between an Auto repair shop, insurance company, and car rental company.

.

Tim Akpinar answered on Aug 14, 2019

It looks like there wasn't a question here - it's possible it inadvertently got left off. However, if you are having issues with these aspects of your case, an experienced South Carolina attorney who handles personal injury could give guidance on the property damage claim and your rental rights as... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on

Q: Is it required that a timeshare mortgage disclose on its face the name of the attorney who prepared the mortgage?

Michael Hales answered on Aug 13, 2019

I don't believe it is; I've seen a number of SC deeds and don't remember seeing names of attorneys that prepared them). I'm curious why you have this question. Are you looking to void your purchase? If so, you're likely outside the rescission period, but may have other options.

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on

Q: I recently filed a injury claim to my hr. They sent me to an urgent in their network the doctor diagnosed me with

Active asthma and said the environmental exposures at work are the cause and excused me from 2days of work. I notified my supervisor that I’m out on worker comp. While on workers comp. I filed a osha complaint concerning the quality of air and toxic chemicals that are the cause of the asthma they... Read more »

Carole Jean Hayes answered on Aug 12, 2019

If your exposure to the workplace has resulted in your developing or aggravating your asthma, you should have a viable workers' comp case. You can go to another doctor. My first piece of advise is to get a company to test the air quality at your place of employment before they "fix it." You need... Read more »

1 Answer | Asked in Probate and Real Estate Law for South Carolina on

Q: My husband was owed a land deed as his third and has not gotten it yet and probate has closed. What should he do?

The estate has been distributed out, but the land was needing to be deeded in his name, which was a major part of his third. Well, the estate has closed, but he never received his deed before it closed. He has tried to contact the executor, but she says she’s no longer the PA and he can contact... Read more »

Nina Whitehurst answered on Aug 10, 2019

Your husband should hire his own probate attorney to review the probate file and advise him

1 Answer | Asked in Tax Law for South Carolina on

Q: The taxable value of my home on 1/1/17 was 158,000. I purchased the home in November of 2017 for $180,000. The County

Raised the taxable value to $220,000 on 1/1/18, just 7 weeks after I purchased it. Now, one year later, they are increasing it again to $237,000. That's a 50% increase in taxable value in two years, from 1/1/17 to 1/1/19. I had the home appraised in January, 2019, and was told the market value was... Read more »

D. Mathew Blackburn answered on Aug 6, 2019

Go to the county tax assessor's / recorder's website. Look for something about appealing or challenging the assessment of property tax. Follow the instructions. Or hire a professional.

Best of luck.

1 Answer | Asked in Traffic Tickets for South Carolina on

Q: Is it illegal to park facing traffic in sc

Ryan D Templeton answered on Aug 6, 2019

Yes, SC Code Section SECTION 56-5-2560 provides:

Parking at right-hand curb not more than 18 inches from curb.

Except as otherwise provided in Sections 56-5-2540 and 56-5-2550, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or...
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Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... Read more »

Carole Jean Hayes answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on

Q: So if I have had no driving violations in almost 7 years, but am permanently revoked, can my charges be changed at court

I was not charged with anything other than a first DUS, non DUI related, but am apprehensive that a magistrate could pull my record and bump it up to General Sessions and a lot more problems can occur... I'm just having a hard time understanding the law on this....So it would be helpful to know if... Read more »

Ryan D Templeton answered on Aug 6, 2019

SC State law SECTION 56-1-460 provides:

Penalties for driving while license cancelled, suspended or revoked; route restricted license.

(A)(1) Except as provided in item (2), a person who drives a motor vehicle on a public highway of this State when the person's license to drive is...
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1 Answer | Asked in Traffic Tickets for South Carolina on

Q: Is a verbal warning required or just an option, before giving a citation for parking in a fire lane?

Ryan D Templeton answered on Aug 6, 2019

It is within the officers discretion to give a warning or write a ticket.

1 Answer | Asked in Traffic Tickets for South Carolina on

Q: May the fine listed in SC ST law 56-5-1520 (G) be exceeded when issued a traffic ticket?

The amount listed is actually in a box titled “Bond amount requested”

This may be the reason the amount is higher than the law allows?

Ryan D Templeton answered on Aug 6, 2019

Likely the officer listed the maximum fine amount including court costs and fees which are assessed on top of the fine amount listed under 56-5-1520.

The fine amount can not exceed the statutory penalty but court costs and assessments can increase that amount.

1 Answer | Asked in Criminal Law for South Carolina on

Q: If a 17 year old got pregnant by a 26 year old in SC would he get in trouble for signing the birth certificate

Ryan D Templeton answered on Aug 6, 2019

The age of consent in the State of South Carolina is 16. Therefore, so long as all sexual contact between the 17 year old and the 26 year old occurred after she turned 16 it would not be criminal sexual conduct with a minor (some states call this statutory rape).

1 Answer | Asked in Criminal Law for South Carolina on

Q: I was convicted of third-degree burglary why do I have to get CVO on my driver's license

Ryan D Templeton answered on Aug 6, 2019

South Carolina State law (Section 56-1-148)requires that the DMV place a code on the drivers license or identification card of any person that has been convicted of a crime of violence. Burglary is defined as a crime of violence under South Carolina Law(Section 16-23-10(3))

1 Answer | Asked in Criminal Law for South Carolina on

Q: What is the SC penalty for carrying a concealed weapon, with a CWP, into a restaurant with a no gun sign displayed.

Ryan D Templeton answered on Aug 6, 2019

SC code section 23-31-215(M) provides that:

"A permit issued pursuant to this section (CWP Section) does not authorize a permit holder to carry a concealable weapon into a:

(10) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises...
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