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South Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law and Civil Litigation for South Carolina on
Q: Can a victim's family, after trial, and a guilty verdict, petition a court for a time/sentence reduction for an inmate?

My Brother was convicted of murder in 1995. Since then, the victim's family has written the judge and solicitors office to have his sentence reduced or pardoned. Can or do the victim's family have this authority since the solicitor is their attorney? Letter of forgiveness was sent in to the court... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

As a former state prosecutor I have never heard of a sentence reduction based on the request of the victim through the court system. Your best bet would be for the victim to contact the department of probation parol and pardons to request a pardon from the governor.

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for South Carolina on
Q: My dad passed away and my uncle took everything! They were in construction and property management. No will was found!

Do I have any options? I lost access to bank account and apartment! This was sudden and unexpected!

Tim Akpinar
Tim Akpinar answered on Sep 16, 2019

I'm sorry for your loss. A probate attorney would be in the best position to assess the situation. You could contact one of the attorneys on this site, contact an attorney on your own, or repost with the categories Probate/Estate Planning added. Good luck

Tim Akpinar

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for South Carolina on
Q: My dad bought a used camper—no written contract—& learned that the walls were rotted out. Too bad, right?

Purchase was from private individual.

Tim Akpinar
Tim Akpinar answered on Sep 15, 2019

A South Carolina attorney could advise you in the best manner, but your question remains open for two weeks. But as a general matter in most any jurisdiction, the recourses would be limited. It's a private sale sealed over a handshake, no warranties, and no contract. Don't beat yourself up over it.... Read more »

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2 Answers | Asked in Civil Litigation and Car Accidents for South Carolina on
Q: Should I tell the adjuster about the conversation the insurance representative, the owner of the vehicle and myself had?

I was in an accident on 8/8/19 but I wasn't injured. The FR 10 shows the other party for being at fault. On the TR 310 form the other party admits to making a right turn on red while I had the left green protected area. On 8/15/19 I write the owner of the vehicle. I explained to the other party... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

You may but they won't care. Save it if you go to court.

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1 Answer | Asked in Civil Litigation, Civil Rights, Identity Theft and Landlord - Tenant for South Carolina on
Q: Hello my name is Taranika Can i sue the court for gross negligence. Because the judge never submitted a form four.

The judge order the defendant. To move me the defendant never moved me but they issued a rule to vacate but the judge nervous issued a form four but later Dismissed the case with prejudice after he granted negligence in court.

Gary Kollin
Gary Kollin answered on Jul 29, 2019

No.Judicial immunity

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Legal Malpractice for South Carolina on
Q: Can your lawyer ask you to sign blank hearing papers without a court date filled set?

My attorney had me in emotional distress at our probate mediation, while he had me mentally under pressure after telling me that we were signing PR over to the plaintiff or its 5 to 10 years in prison he asked me to sign a paper stating my presence at mediation. It took me a minute but I was trying... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2019

I am sure most if not all experienced lawyers who read all the horrible facts you alleged and your extremely unusual question will have the same immediate response as I did: This is impossible.

On the other hand, if everything you say is 100% true your best option is to report your lawyer...
Read more »

1 Answer | Asked in Civil Litigation for South Carolina on
Q: i got a letter from the Office of the Sheriff. It says "A Judgment has been filed with the Clerk of Court for Charleston

County. An Execution against Property has been received in this office for service".

Synchrony Bank is suing me for an old credit card debt How can i find out if a lean has been placed against my property and how to pay or settle the debt

Anthony M. Avery
Anthony M. Avery answered on May 13, 2019

It appears that you are being notified of a Levy of Execution against your Property. This may or may not have had an earlier attached Lien. Somebody appears to have already got a Judgment against you and are now trying to collect by grabbing your Property whether it has a Lien on it or not. The... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for South Carolina on
Q: I live in horror county Sc. Sheriffs judgment $2,200 against me. From a personal loan

Home flooded last year wasn't aware of court date. It a he saiid she said. I lost since I wasn't at court date. Received sherrifs judgment against personal property. I am a single mom of 2. Made $20,000 last year because of the hurricane. I rent. All I have are household items. Can not afford... Read more »

D. Nathan Davis
D. Nathan Davis answered on Mar 3, 2019

A judgment is a finding by a court that you owe money to someone. If you have assets, the sheriff can levy against the assets to collect the judgment. Based on what you are saying about assets and income, you probably qualify for legal aid.

The sheriff will ask you to pay the judgment,...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for South Carolina on
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?
John W. Molony
John W. Molony answered on Dec 18, 2018

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... Read more »

2 Answers | Asked in Criminal Law and Civil Litigation for South Carolina on
Q: How to proceed sled josh yallbourgh peed on me lost job

Right now they have ran into a law I’m not sure if under investigation he was sled when it happened I need to know the law when sled messed a case up

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

Not sure what you're asking here.

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1 Answer | Asked in Civil Litigation for South Carolina on
Q: As a Defendant do I need to answer a Rule to Show Cause that the Plaintiff requested from the lender?

I am a Pro Se Defendant that did not file an answer, but filed a Motion for Dismissal. Plaintiff filed a Rule to Show Cause as ordered by the Court as I am saying they need to prove "Chain of Custody" The original lender went BK so they are running a Publication and have filed an Order of... Read more »

D. Nathan Davis
D. Nathan Davis answered on Aug 13, 2018

Unfortunately, either your question lacks the required information or the Rule to Show Cause is grossly inadequate. A Rule to Show Cause is an Order to Show why you did or did not do something. The Rule to Show Cause should tell you what the Court is asking of you specifically. A Rule to Show... Read more »

1 Answer | Asked in Civil Litigation and Consumer Law for South Carolina on
Q: If you are paying on an agreed amount on a debt can they legally put a judgement after the agreement was made?

Agreement with debt collector was made Aug 2016. They put a judgement/lien against my home Nov 2016. Can they legally do that after I was paying and still paying 18 months later? They take it out of my account automatically. I looked on the county clerk website and it states there was an ADR listed... Read more »

D. Nathan Davis
D. Nathan Davis answered on Mar 26, 2018

The answer is, it depends. The creditor may have already had the judgment recorded when you entered into an agreement to pay them. You may not have had as a part of the settlement an agreement that no judgment would be entered against you. (An attorney may have saved you from this issue.)... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for South Carolina on
Q: I was involved in an auto accident on 9/29/17. Is it too late to file a personal injury suit? My pain has worsened since

In addition, though I was not at fault and did not receive a citation, my driving record is showing me at fault causing my insurance rate to increase. How do I fix this?

Carole Jean Hayes
Carole Jean Hayes answered on Jan 24, 2018

In TN, you have three years within which to file and serve a lawsuit (there are some exceptions such as if the at-fault party works for a municipality...). There are a few issues i can already see such as have you gone to the doctor yet? If not, that could be an issue. You really should simply... Read more »

1 Answer | Asked in Criminal Law, Immigration Law, Personal Injury and Civil Litigation for South Carolina on
Q: If a city police department is calling ice on some criminals but not all, would this be illegal and could you sue
Peter N. Munsing
Peter N. Munsing answered on Jan 8, 2017

Incredibly difficult to prove and at the end of it all, unlikely to get you anywhere since there is something called sovreign immunity which says that decisions of who to investigate and when are left to police departments. Discrimination on an iundividual basis, not related to race, isn't... Read more »

1 Answer | Asked in Child Support, Civil Litigation and Divorce for South Carolina on
Q: Will a judge order joint custody with no exchange of money in a self lititgated divorce? All issues are agreed upon

According to the online calculator, it looks as if no money would exchange hands anyway but I wanted to be sure since we are both representing ourselves. We are able to co-parent successfully and have maintained a joint custody arrangement since our separation three years ago. We would like to be... Read more »

Marjorie Simmons
Marjorie Simmons answered on Aug 25, 2016

Maybe. The legal standard is what's in the best interest of the child. You can call the SC Bar and ask for a referral to an attorney in your county, then call them. If they agree to a short and free consultation, you can pose the question and perhaps get more information.

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