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South Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for South Carolina on
Q: Mortgage owner left wants to give selling rights to my mother she needs help reviewing and setting up POA, who can help?

My mother was dating a man who took out a mortgage for the home they live in. He left the home due to a dispute, wants to do what is best for her and is asking her to sell home through a lawyer, she is in need of someone to settle this situation civilly with his lawyer, help her review and... View More

Liscah Isaboke
Liscah Isaboke
answered on Sep 5, 2024

Your mother should consult a real estate attorney to help navigate this situation since she’s not on the mortgage. The attorney can review the mortgage and title documents, ensure any agreement with her former partner is legally binding, and negotiate terms with his lawyer. A Power of Attorney... View More

2 Answers | Asked in Civil Litigation for South Carolina on
Q: is there a way to get involved in a class action lawsuit after the deadline has passed?

I recently found out that a class action lawsuit against a company I worked for was filed but the deadline has passed with the firm, is there a way to file a separate suit against the company.

James L. Arrasmith
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answered on Jul 27, 2024

If you've missed the deadline for a class action lawsuit, you still have options. You can explore filing an individual lawsuit against the company. This involves consulting with an attorney to discuss the specifics of your case and determine the best course of action.

In some cases,...
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2 Answers | Asked in Civil Litigation for South Carolina on
Q: is there a way to get involved in a class action lawsuit after the deadline has passed?

I recently found out that a class action lawsuit against a company I worked for was filed but the deadline has passed with the firm, is there a way to file a separate suit against the company.

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

A South Carolina attorney could advise best, but your question remains open for three weeks. If you mean the firm's deadline, you could ask them if other options or other firms - some class actions that involve large pools of claimants take on new plaintiffs on a rolling basis. If you mean the... View More

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1 Answer | Asked in Civil Litigation for South Carolina on
Q: Does the towing company have the right to take anything out of my vehicle without my permission.

I am still the owner of the vehicle but the employee has told me they took my title out of my the glove compartment in my car without my permission.

James L. Arrasmith
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answered on Apr 4, 2024

In most cases, a towing company does not have the right to remove items from your vehicle without your permission, even if they have lawfully towed your car. Taking your vehicle title from the glove compartment would likely be considered an unauthorized and inappropriate action.

However,...
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1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for South Carolina on
Q: A tax levy against a mobile home on my property has transferred ownership. The new owner has been renting home during

I want to know how to pursue and regain ownership of the mobile home

James L. Arrasmith
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answered on Mar 16, 2024

If you're looking to regain ownership of a mobile home on your property that has been transferred due to a tax levy, it's crucial to understand your legal options. First, you should consult with an attorney familiar with property and tax law in your area. They can provide detailed... View More

1 Answer | Asked in Civil Rights, Personal Injury, Sexual Harassment and Civil Litigation for South Carolina on
Q: What is the code/statute or provision that sexual assault is filed under for civil lawsuits?

The sexual assault happened on a college campus but I don’t want to only file a title because my college covers them up.

James L. Arrasmith
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answered on Mar 8, 2024

In South Carolina, civil lawsuits related to sexual assault can be filed under various legal theories, depending on the specific circumstances of the case. Some common legal grounds for such lawsuits include:

1. Assault and Battery: South Carolina Code Ann. § 15-3-550 provides a three-year...
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1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: In a courtroom setting w/Jury, what is the proper way to introduce higher court rulings into a trial?

I live in South Carolina, a strict liability state. I was jogging and was attacked and bitten by two dogs. I was injured (not seriously, two puncture wounds in my leg). I filed in small claims court for damages. The Defendant has retained legal counsel. The demanded a jury trial. I am... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Feb 6, 2024

Give the judge the case law before the jury is called in and highlight the applicable parts, and ask him to charge the jury with the highlighted portions. That means he will read those to the jurors when he is telling them about the law which happens after closing statements, and before they... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Constitutional Law and Libel & Slander for South Carolina on
Q: How did they sign a warrant for my arrest based of the statement of a witness that was the so called victims best friend

The so called victim was my husband customer who wrote a bad check for 6500 and my husband and him argued at the dock. I never got off the boat but he said I damaged his car?! We didn't even put.in at that marina I wouldn't even have known.what car or truck was his out of the 60... View More

James L. Arrasmith
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answered on Jan 30, 2024

I understand your concern and frustration regarding the warrant for your arrest. In situations like this, it's important to know that law enforcement can issue a warrant based on the statement of a witness, even if that witness is the alleged victim's friend. However, the validity of the... View More

1 Answer | Asked in Civil Litigation and Contracts for South Carolina on
Q: If given a phone by an individual that passes away before credit balance was paid in full, what happens to the phone?

The credit card is only in the name of the deceased.

James L. Arrasmith
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answered on Jan 25, 2024

In the situation you've described, where a phone was given to you by someone who has since passed away, and the phone's credit balance is unpaid, there are a few considerations under South Carolina law. First, the responsibility for the unpaid balance typically falls to the estate of the... View More

2 Answers | Asked in Car Accidents and Civil Litigation for South Carolina on
Q: I recently got my car stuck in flood waters yet the cops still towed it to the impound should I have to pay to get out
Carole Jean Hayes
Carole Jean Hayes
answered on Jan 23, 2024

You will have to pay to get it out and you should also be mindful that there may storage cost involved so I would do this sooner than later. The logic behind it is it was a safety hazard and had to be removed for public safety and you are the owner and are responsible for securing the vehicle.

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2 Answers | Asked in Car Accidents and Civil Litigation for South Carolina on
Q: I recently got my car stuck in flood waters yet the cops still towed it to the impound should I have to pay to get out
James L. Arrasmith
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answered on Jan 23, 2024

In South Carolina, if your car is towed to an impound lot, regardless of the circumstances, you are generally responsible for the costs associated with towing and storage. This applies even if your car was stuck in flood waters. The decision to tow is often made for safety reasons or to clear the... View More

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1 Answer | Asked in Contracts and Civil Litigation for South Carolina on
Q: Can a third party monitoring service change the daily and bi-weekly rate at each scheduled appointment?

When enrolled in the program my partner was given a daily fee of $7.55 or $52.85 weekly or $105.70 bi-weekly. And he's in a program that is for Greenville and Spartanburg county residents only. But he's a Berkeley county resident. He's now paying up to $200 bi-weekly. They do not... View More

Roy Willey
Roy Willey
answered on Jan 2, 2024

This would be dependent upon the actual agreement or contract he signed. Some contracts allow for variations in pricing due to market conditions, etc. Some do not. So it just depends what he signed and agreed to at the time of initiation of the relationship. He may also have a cancellation... View More

1 Answer | Asked in Civil Litigation, Business Law and Libel & Slander for South Carolina on
Q: I have an issue regarding an Instagram account using my business logo to say damning things about myself

It is not only harmful to my business but the account is putting me in potential physical danager.. I am happy to share more details in private. My question is can I draft some form of letter explaining the danger they're putting me in and have them remove the post?

Roy Willey
Roy Willey
answered on Dec 26, 2023

Yes, you could send them a cease and desist letter. The issue with that is you don’t really know who they are and it’s likely to be ineffective. If you sued you could get more info about them via discovery with instagram to potentially find out who they are. But you will likely need a lawyer... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for South Carolina on
Q: What can I do if my old trucking company is being falsely accused in a wrongful death lawsuit?

We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days... View More

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2023

A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be... View More

1 Answer | Asked in Civil Litigation for South Carolina on
Q: I allowed a woman to put a shed on my property to live in. We helped her get it ready to move-in. She lived here for

For less than 10 days she abandoned the property over a year ago. The shed is still on my property now she is trying to get it back. Do I have the right to keep it because it was on my property for over a year abandoned?

James L. Arrasmith
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answered on Dec 14, 2023

In your situation, where someone left a shed on your property and now wants it back after a year, there are several legal considerations. Firstly, the fact that the shed was abandoned on your property does not automatically grant you ownership rights to it. Ownership of personal property like a... View More

1 Answer | Asked in Construction Law and Civil Litigation for South Carolina on
Q: My concrete driveway is three years old and is crumbling and is getting holes all over it.

Do I need a lawyer or should I go to the magistrate for civil action thank you

T. Augustus Claus
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answered on Dec 14, 2023

Deciding whether to involve a lawyer or go to the magistrate for civil action regarding your crumbling concrete driveway depends on several factors. First, check if you have a written contract with the contractor and review the warranty terms. If the warranty is still valid (covering three years)... View More

1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: My aunt sold all my property in storage while I was in prison for two years. Over $100k. What do I do?

I knew I was facing prison time so I left my Aunt in charge of everything. While I was incarcerated she paid $5k for a lawyer for me and then got mad because I didnt pay her back. I went to prison and could not pay her while in prison. She then sold all my belongings without my permission or... View More

James L. Arrasmith
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answered on Nov 17, 2023

In your situation, it appears that your aunt may have sold your property without legal authority or your consent. This could potentially be a case of conversion, which is the unauthorized taking or selling of someone else’s property.

Firstly, gather all relevant documentation, such as...
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3 Answers | Asked in Copyright, Personal Injury, Real Estate Law and Civil Litigation for South Carolina on
Q: A museum was made from my grandfather house and name into a museum. They won't his family access

They refuse to believe me and and his property was stolen

Anthony M. Avery
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answered on Nov 1, 2024

You might hire a SC attorney to search the title. Then possibly file an Ejectment or Action to Recover Personal Property by his heirs/next of kin.

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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Federal Crimes for South Carolina on
Q: Is it normal for you wife to demand a divorce after you ask to get a dna test for your 3 children?

After the democrat trash plandemic, a bunch of trash government and minority officials stalked and harassed me telling me my children aren't mine and insinuate my wife is a paid prostitute and they were here to accept protection and hush money payments. Does any of this sound like women or... View More

James L. Arrasmith
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answered on Sep 7, 2024

It’s understandable that you're feeling overwhelmed and confused in such a difficult situation. If your wife is reacting strongly to your request for a DNA test, it could be for various reasons, such as feeling mistrusted or hurt by the implication that there might be infidelity. While... View More

1 Answer | Asked in Intellectual Property and Civil Litigation for South Carolina on
Q: Can a renter or llandlord have my vehicle towed after the renter giving me permission to park it on the property

The renter only had it towed after a argument within 24 hours of Said argument

James L. Arrasmith
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answered on Jul 27, 2024

If a renter gave you permission to park your vehicle on the property, they generally cannot have it towed without proper notice or justification. The situation might change if there were specific terms or conditions attached to that permission, or if the property rules or lease agreements allow for... View More

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