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South Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Landlord - Tenant, Personal Injury and Civil Rights for South Carolina on
Q: I feel like I have a good case for a lawsuit against my former leasing company that I rented from. It’s a lot.
James L. Arrasmith
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answered on Dec 29, 2023

To determine whether you have a viable case against your former leasing company, it's important to consider several key factors. First, identify the specific grievances you have against the company. These could include issues like breach of the lease agreement, failure to maintain the... View More

1 Answer | Asked in Civil Litigation and Criminal Law for South Carolina on
Q: Could someone press charges for sending them pictures by mail

In bad judgement I sent over 200 pictures through the mail to my fiancés ex wife after she sent me every date that they’d been together and what they were doing together. Some of the pictures were screenshots of texts, us with our kids, pictures of us together and one of the pictures I had on... View More

James L. Arrasmith
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answered on Nov 9, 2023

It's important to understand that mailing photographs, even in large quantities, isn't typically a criminal act unless the content is illegal, such as explicit material intended for adults. However, sending a suggestive image where a minor could view it may raise legal concerns. The... View More

1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for South Carolina on
Q: My storage unit was broken into through the inside,the unit next to mine was rented and they broke the walls.

The property manager said the cameras weren’t working at the time of the robbery but the district manager said they do work they need the monitors fixed. I haven’t received any updates or anything from the public storage. They haven’t fixed the walls that were damaged in the unit either.... View More

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

You should make a claim on your insurance for the value of the stolen items. Your insurance company will be subrogated to any lawsuit you may file. If the thieves are identified, you likely have a very good lawsuit against them, but they may not have any non-exempt assets to satisfy any judgment... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for South Carolina on
Q: Is it legal for a property manager to make me re-sign a lease one month in because of their mistake?

In the original lease I obviously allotted for a certain amount. I go to check to pay my first month and now there is an additional payment each month for something called the renters package which essentially is renters insurance. They are saying that it is required, and there is no opting out... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

It is certainly legal for the landlord to ask but you are under no legal obligation to agree.

The lease that you and your landlord signed is a valid contract that is binding on both parties. If the lease does not require renter’s insurance, you are not required to buy renter’s...
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1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: Can I fire a general contractor? What are the consequences?

No contract for job. Incomplete and shoddy work. Taking too long to complete. Asking for money and has never presented us with an invoice or an accounting of what has been paid. Now asking for $10k. This may turn into a civil lit/contract law situation

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Although you do not have a written contract, presumably you do have a verbal contract, which is the verbal agreement for the work to be done and the compensation to be paid. It would be a good idea to preserve all of your evidence now, as you noted, it may turn into a civil litigation/contract... View More

1 Answer | Asked in Civil Litigation, Health Care Law, Personal Injury and Wrongful Death for South Carolina on
Q: Can my family sue for how a hospital profiled my mother who passed away? Failed to diagnose cancer but passed from clot.

My mothers medical journey was a nightmare and a hospital system failed her horribly. She was profiled from day one. Even her FNP will attest to this. We had an autopsy done. Her abdomen had caused her pain for almost a year. Protruding and painful. The cancer center cancelled her appt 2 months... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2023

A South Carolina attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your mother. You could reach out to law firms to try to set up a free initial consult. This appears to be a complex file with a long patient history - and it isn't clear... View More

1 Answer | Asked in Estate Planning, Contracts, Civil Litigation and Probate for South Carolina on
Q: How can I get an appointed attorney for a person with mental disabilities and poor. Trustee is stealing his money.

The petitioner is indigent, has mental and physical disabilities, the trustee has been committing frauds and not distributing his money so he can’t pay for an attorney. Can the court appoint an attorney and order the trustee to pay for it or get him an attorney probono? I have been assisting him... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You should consult an attorney about appointing a guardian of the person because of his physical and mental disabilities.

1 Answer | Asked in Child Custody and Civil Litigation for South Carolina on
Q: My fiances ex keeps calling dss on us and now calling on the daycare where I work? She is doing this trying to get cust

She wants custody of the kids who my fiance has primary custody

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to document, document, document. You might also benefit from having a consultation with a lawyer who is experienced in both DSS investigations and private custody cases.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for South Carolina on
Q: Hi, what would be the most common reason for this? I never resisted or assaulted anyone, I'm completely unknowledgable

I don't understand why I would be served this?

Casey Brown
Casey Brown
answered on Jan 23, 2023

More information is needed to answer your question. What were you served with, an arrest warrant, a subpoena, a civil lawsuit for damages?

1 Answer | Asked in Civil Litigation and Nursing Home Abuse for South Carolina on
Q: is there a place that the public can check on wins or jury cases for a lawyer?
Roy Willey
Roy Willey
answered on Jan 23, 2023

Yes, if you know what you are looking for. When hiring a civil litigation attorney you should ALWAYS ask about their success in the courtroom with jury verdicts. This is not because your case will absolutely go to trial, it may not, but insurance companies know the lawyers that will go the... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for South Carolina on
Q: I’m curious on if i can take legal action for a situation that happened to me.

I rented a Uhaul truck from a facility and paid for it in full, and then on my drive home I was followed by police, pulled over, and then had 6 cop cars swarm me and demand i get out at gunpoint. I was detained, placed into handcuffs, read Miranda rights, and then told the truck was stolen. I did... View More

Roy Willey
Roy Willey
answered on Oct 17, 2022

You may have a defamation or false arrest claim. Either UHaul should not have reported that particular truck as stolen, or the police stopped the wrong truck (if there was another truck that was stolen and reported as such). Hard to tell who the actual legal claim is against, but you likely do... View More

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1 Answer | Asked in Civil Litigation for South Carolina on
Q: I have a judgement that was placed against me and I was served paperwork to show up and show cause as to why a receiver

of my property should not be appointed. What happens if I am not able to do so? The only income I have is income from for an injury annuity settlement from a car accident I was in at 3 years old and the VA pay I receive because I am a 100% total and permanent disabled veteran.

Anthony M. Avery
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answered on Sep 12, 2022

You need a competent SC attorney to file a Notice of Exempt Property immediately. That Annuity may be partially or totally Exempt. You may lose it.

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Small Claims and Personal Injury for South Carolina on
Q: I and my dog were detained by law enforcement in a hot car. Despite my pleas to please let us out or to give my dog

Water or to let me turn on my car to provide AC for my dog, the policemen would not let me do anything to help my dog despite me pleading with them. My dog died of heat stroke. Can I hold those policemen responsible for Bear's death? I may be reached at:

Roy Willey
Roy Willey
answered on Jun 7, 2022

I am so sorry that happened to you. As to a case, potentially, yes but generally in South Carolina pets are only reimbursed at “market value” as property. However, you may also have a case against them depending on the nature of your detention. Be advised state agencies are subject to a... View More

1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: what can i do when my lawsuit was stolen
Tim Akpinar
Tim Akpinar
answered on May 18, 2022

A South Carolina attorney could advise best, but your question remains open for a week. It isn't fully clear what you mean by lawsuit being stolen, but one possibility that comes to mind is that someone stole your identity and pursued a lawsuit (or a pending lawsuit you had already commenced)... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for South Carolina on
Q: My mom owns her house and wants her boyfriend to move out because he has been drugging/stealing from her.

How do we go about this legally and without him hurting her? She's scared when she tells him to leave that he's going to get angry and try to hurt her. The last time she called the police on him, he told the police they were married and made it seem like she had mental issues, which she... View More

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jan 25, 2021

Hello.

We are sorry to hear about these problems that your mother is having. No one should ever feel unsafe in their home.

The first thing that you should do is go down to your County Family Court, and speak to the Clerk of Court there. Tell them that you need an emergency...
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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... View 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... View More

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... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for South Carolina on
Q: A person i was staying with has stolen 9 of my exotic birds. police wont help say it is civil. civil court is back loged

she is deliberating hidding them, i am afraid i will never see them again. please help

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Oct 11, 2020

How did the woman come to obtain the birds?

Without knowing this, specifically whether you entrusted her with the birds and she refused to return them, whether she broke in to somewhere and took them without your permission or knowledge, etc., it’s impossible to examine whether there is a...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for South Carolina on
Q: I am currently being sued by debt collector trying to sue on a private student loan from 2008. Isn't the SOL 3 years?

This loan was taken out in 2008 through BOA and no payment was even made because it was fraudulent. Now in 2020 this collection agency is suing. E despite the SOL being 3 years and from the evidence I have from the CFPB (Consumer Financial Protection Bureau) says that the SOL begins upon the first... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 15, 2020

Don't know about the SOL in South Carolina; but in Florida the SOL for this kind of debt is either 4 or 5 years, depending upon certain circumstances.

Rather than spending time asking lawyers here on Justia you should spend your time gathering all the evidence needed to show (1) the...
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1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: can a homeowner sue a contractor if the homeowner has never paid anything ?

Completed two repairs on clients home. He has never paid for either and now is trying to sue me in civil court??

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2020

More information is needed, such as if the suit is based on valid damages resulting from a breach. One option is to try to arrange a quick consult with a South Carolina attorney who handles contract matters to review the papers. Good luck

Tim Akpinar

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