South Carolina Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
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- 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
- 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 (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
South Carolina Questions & Answers
Q: I'm being harassed by phone from a south carolina resident and I live in P.a..what are my options for filing suit?
1 Answer
| Asked
in
Criminal Law, Civil Litigation, Civil Rights and Communications Law
for
South Carolina
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
John W. Molony's answer
As a South Carolina attorney I cannot speak to the law in Pennsylvania. In South Carolina in situations where one feels threatened or in need of protection, one can seek either a Family Court Order Of Protection or a Restraining Order from a Magistrates’ Court. One would seek an Order of Protection through the Family Court in Order to restrain a family member, an ex-spouse, or a boyfriend or girlfriend they live with or even used to live with. One would seek a Restraining Order from a...
As a South Carolina attorney I cannot speak to the law in Pennsylvania. In South Carolina in situations where one feels threatened or in need of protection, one can seek either a Family Court Order Of Protection or a Restraining Order from a Magistrates’ Court. One would seek an Order of Protection through the Family Court in Order to restrain a family member, an ex-spouse, or a boyfriend or girlfriend they live with or even used to live with. One would seek a Restraining Order from a...
Q: If my job gave me holiday pay and I seen it before time went in can they turn around and take it back from you
Jeremy R. Summerlin's answer
If the holiday was given by mistake, then the company can take it back. If the pay was lawfully earned by the employees or owed pursuant to a policy or contract, then the company should not be able to take it back.
If the holiday was given by mistake, then the company can take it back. If the pay was lawfully earned by the employees or owed pursuant to a policy or contract, then the company should not be able to take it back.
Q: Remote employee confused on which state to seek legal help in regards to an already signed, non-compete agreement.
Jeremy R. Summerlin's answer
If you work in South Carolina, then South Carolina law would apply, unless there's a provision in the contract that says that another state's laws would apply.
If you work in South Carolina, then South Carolina law would apply, unless there's a provision in the contract that says that another state's laws would apply.
Q: I am divorcing my wife, who's here on a K1 visa. If she leaves the U.S., how will she attend the final divorce hearing?
Hector E. Quiroga's answer
This is a family law rather than an immigration law question. We recommend that you contact an attorney familiar with family law.
This is a family law rather than an immigration law question. We recommend that you contact an attorney familiar with family law.
Q: Does SC workers comp ask for settlement money back for an accident that i wasn't at fault for?
Ilene Stacey King's answer
Yes. The workers' comp insurance company has a lien by law on your settlement money from your civil law suit arising from the same accident. It doesn't matter that you were not at fault. Actually, if you were at fault, there probably would not be a civil law suit settlement; you are getting a settlement because you were not at fault. Workers' comp is no fault coverage and they are entitled to recover the amounts they paid to you from the at fault party. In fact, if you did not bring a civil...
Yes. The workers' comp insurance company has a lien by law on your settlement money from your civil law suit arising from the same accident. It doesn't matter that you were not at fault. Actually, if you were at fault, there probably would not be a civil law suit settlement; you are getting a settlement because you were not at fault. Workers' comp is no fault coverage and they are entitled to recover the amounts they paid to you from the at fault party. In fact, if you did not bring a civil...
Q: I had my mmi August and it’s December and I just got my mmi rating from lawyer which I didn’t like the doctor said I
Ilene Stacey King's answer
Talk to your lawyer about whether a second rating opinion would be worthwhile. There are several considerations. The insurance company will not pay for another rating. Your lawyer would have to send you for another rating which can be very expensive and, ultimately, the cost would be yours. You'd either pay up front or the cost would come out of your settlement. Your lawyer may feel that this is a reasonable rating for your injury based on your lawyer's experience and expertise. Clients...
Talk to your lawyer about whether a second rating opinion would be worthwhile. There are several considerations. The insurance company will not pay for another rating. Your lawyer would have to send you for another rating which can be very expensive and, ultimately, the cost would be yours. You'd either pay up front or the cost would come out of your settlement. Your lawyer may feel that this is a reasonable rating for your injury based on your lawyer's experience and expertise. Clients...
Q: Married less than two years, husband wants out of it, what grounds does he have?
John W. Molony's answer
In South Carolina, there are five grounds for divorce. Four of these are fault based grounds: 1) Deserstion for more than one year; 2) Adultery; 3) Physical Cruelty; 4) Habitual Drunkenness. A fault based divorce will require one spouse to allege & prove the relevant marital fault of the other spouse, but you are able to file for divorce immediately. The fifth ground for divorce in South Carolina is what is called a “no fault” divorce, and this requires that the two spouses live separate...
In South Carolina, there are five grounds for divorce. Four of these are fault based grounds: 1) Deserstion for more than one year; 2) Adultery; 3) Physical Cruelty; 4) Habitual Drunkenness. A fault based divorce will require one spouse to allege & prove the relevant marital fault of the other spouse, but you are able to file for divorce immediately. The fifth ground for divorce in South Carolina is what is called a “no fault” divorce, and this requires that the two spouses live separate...
Q: I am the primary care giver to my eight biological children. Im concerned im being accused of neglect.
Cheryl Ann Truesdale's answer
If your are looking for help for yourself and your children to get out of an abusive situation, I suggest you contact one of the following organizations:
Safe Passage, inc. operates in York, Lancaster, Chester and Union Counties and can be reached at 800-659-0977 or through their website at www.safepassages.org
National Coalition Against Domestic Violence can be contacted at 800-799-7233 or through their website at www.ncadv.org and they can refer you to an organization in your...
If your are looking for help for yourself and your children to get out of an abusive situation, I suggest you contact one of the following organizations:
Safe Passage, inc. operates in York, Lancaster, Chester and Union Counties and can be reached at 800-659-0977 or through their website at www.safepassages.org
National Coalition Against Domestic Violence can be contacted at 800-799-7233 or through their website at www.ncadv.org and they can refer you to an organization in your...
Q: My dad died Monday and my sister says she doesn't know who the executor of the will is. How do we find out.
Richard Winblad's answer
Read the Will. I don’t practice in your state. But states allow an interested person to file a probate and require the production of the will.
See an attorney in your state.
Read the Will. I don’t practice in your state. But states allow an interested person to file a probate and require the production of the will.
See an attorney in your state.
Q: Is it necessary to hire a lawyer for my workers' compensation claim?
Carole Jean Hayes' answer
It is if you have a claim worthy of protecting! In other words, if your accident involves a relatively small injury; e.g., a paper cut, then you do not need an attorney. If you are going to need medical treatment, be out of work or have other issues that would tend to evidence a more involved claim, then yes, you should consult an attorney. There is no charge to speak with an attorney and once you discuss the facts, you can then make an informed decision regarding whether you need to retain...
It is if you have a claim worthy of protecting! In other words, if your accident involves a relatively small injury; e.g., a paper cut, then you do not need an attorney. If you are going to need medical treatment, be out of work or have other issues that would tend to evidence a more involved claim, then yes, you should consult an attorney. There is no charge to speak with an attorney and once you discuss the facts, you can then make an informed decision regarding whether you need to retain...
Q: My son was accussed of armed robbery with a concealed weapons he had no weapon and for trespassing
Stephen Grooms' answer
Your son is facing an incredibly serious charge, one that is considered a violent crime that carries a minimum of 10 years in prison. Depending on the facts of the case the victim's credibility may or may not be the determining factor in whether or not the State has enough evidence to win at trial. You would be wise to sit down with an experienced criminal defense attorney to get a complete analysis of what he his up against.
Your son is facing an incredibly serious charge, one that is considered a violent crime that carries a minimum of 10 years in prison. Depending on the facts of the case the victim's credibility may or may not be the determining factor in whether or not the State has enough evidence to win at trial. You would be wise to sit down with an experienced criminal defense attorney to get a complete analysis of what he his up against.
Q: My ex is the custodial parent, I’m suffering hardships; loss of job, He equates visitation by support payments, can he?
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
South Carolina
on
Answered on Nov 26, 2018
Answered on Nov 26, 2018
Cheryl Ann Truesdale's answer
Support and visitation are separate issues. If he is violating a provision of a court order, you can file a rule to show cause to compel compliance with the order.
Support and visitation are separate issues. If he is violating a provision of a court order, you can file a rule to show cause to compel compliance with the order.
Q: My daughter father just moved over 2 1/2 hrs away and wants me to bring her to to him.
Cheryl Ann Truesdale's answer
You can file a case in family court to modify the court order. I suggest you consult with a lawyer on how to proceed.
You can file a case in family court to modify the court order. I suggest you consult with a lawyer on how to proceed.
Q: What is the punishment for 3rd offense shoplifting? Also what would be the best case scenario for the defendant?
Stephen Grooms' answer
A shoplifting 3rd offense is a 0-10 year felony. The State must prove the prior convictions are proper enhancement convictions. For example whether or not she had an attorney could mean the prior conviction can not be used to enhance this current charge. Even if the necessary prerequisites convictions are in place, it seems like your mother has a fair amount of mitigating circumstances that could yield some leniency from the Court. That's assuming pleading guilty is in her best interests. I...
A shoplifting 3rd offense is a 0-10 year felony. The State must prove the prior convictions are proper enhancement convictions. For example whether or not she had an attorney could mean the prior conviction can not be used to enhance this current charge. Even if the necessary prerequisites convictions are in place, it seems like your mother has a fair amount of mitigating circumstances that could yield some leniency from the Court. That's assuming pleading guilty is in her best interests. I...
Q: County EMTs broke Moms hip. She will never walk again weve been told. Can I sue both county and the EMTs too?
Peter Munsing's answer
Why not call attorney Chuck Jacobson in Charleston. He'll give you a free consult. Tell him I suggested you call.
These can be tough cases because assuming the EMT's come off as reasonably competent, things sometimes are set up so that there's no perfect way of getting someone out without a bit of risk. However, if a person is adequately secured and there is adequate personnel that should be possible. Chances are they needed a third person or the two there weren't able to handle it...
Why not call attorney Chuck Jacobson in Charleston. He'll give you a free consult. Tell him I suggested you call.
These can be tough cases because assuming the EMT's come off as reasonably competent, things sometimes are set up so that there's no perfect way of getting someone out without a bit of risk. However, if a person is adequately secured and there is adequate personnel that should be possible. Chances are they needed a third person or the two there weren't able to handle it...
Q: Under Free Speech, what is the “matters of public concern” requirement?
Timur Akpinar's answer
There is a resource that outlines free speech in the realm of public employment. It covers this and other issues related to First Amendment rights: Free Speech Guide for Public Employers, Deskbook Encyclopedia of Public Employment Law & Copyright © 2018 by the Center for Education & Employment Law.
Tim Akpinar
There is a resource that outlines free speech in the realm of public employment. It covers this and other issues related to First Amendment rights: Free Speech Guide for Public Employers, Deskbook Encyclopedia of Public Employment Law & Copyright © 2018 by the Center for Education & Employment Law.
Tim Akpinar
Q: What are a teacher’s First Amendment rights?
Timur Akpinar's answer
A teacher’s First Amendment rights include freedom of speech and a number of other fundamental freedoms. Freedom of speech is not absolute, meaning that certain forms of speech are not protected. These include speech which incites, is obscene, defamatory, and a number of other prohibited forms of speech. The policies of a school could have a role in determining what type of speech is or is not permitted.
Tim Akpinar
A teacher’s First Amendment rights include freedom of speech and a number of other fundamental freedoms. Freedom of speech is not absolute, meaning that certain forms of speech are not protected. These include speech which incites, is obscene, defamatory, and a number of other prohibited forms of speech. The policies of a school could have a role in determining what type of speech is or is not permitted.
Tim Akpinar
Q: Do my boyfriend and I have to be married in order for him to adopt my son and get full custody?
Cheryl Ann Truesdale's answer
A spouse of a biological parent can adopt that parent's child, but I don't know of a situation where a boyfriend adopted a child. The point of adoption a step-parent adoption is to provide two parents in a stable home for a child. A marriage shows a commitment between two people and a common intent to be a family. Two people living together shows neither of these things. As part of the adoption process, the biological father's parental rights would have to be terminated either with by his...
A spouse of a biological parent can adopt that parent's child, but I don't know of a situation where a boyfriend adopted a child. The point of adoption a step-parent adoption is to provide two parents in a stable home for a child. A marriage shows a commitment between two people and a common intent to be a family. Two people living together shows neither of these things. As part of the adoption process, the biological father's parental rights would have to be terminated either with by his...
Q: I was served a summons for a credit card bill. It says if I dont reply a default judgement will be made. What's that?
Timur Akpinar's answer
I do not practice in South Carolina, but your question hasn’t been picked up in two weeks. And the response time for a summons is relatively short in any state throughout the nation. A default judgment is a binding judgment against a party in a legal action resulting from the person failing to do something, such as failing to respond to a request or failing to appear in court, etc. You don’t want that to happen. A South Carolina attorney who deals with collections lawsuits would be able to...
I do not practice in South Carolina, but your question hasn’t been picked up in two weeks. And the response time for a summons is relatively short in any state throughout the nation. A default judgment is a binding judgment against a party in a legal action resulting from the person failing to do something, such as failing to respond to a request or failing to appear in court, etc. You don’t want that to happen. A South Carolina attorney who deals with collections lawsuits would be able to...
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