James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

If you miss a court subpoena for a civil case, it can have serious consequences. The court may issue a default judgment against you if you don’t appear, meaning the plaintiff could win the case by default, and you may be required to pay the full amount owed, plus any additional fees or interest.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

In South Carolina, a judgment from Florida can be enforceable, but there are time limits to consider. Generally, the statute of limitations for enforcing a judgment in South Carolina is 10 years. Since your wife’s Florida judgment is 13 years old, it may no longer be enforceable unless it has... View More

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answered on Apr 11, 2025

That sounds incredibly stressful, especially after an unexpected termination. If the severance agreement you signed didn’t mention anything about repayment for overpayment or system errors, that could work in your favor. Employers usually need a clear legal basis—like a signed agreement or an... View More

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answered on Apr 8, 2025

Yes, you can take legal action in South Carolina based on a signed promissory note, even if it's not notarized or witnessed. As long as both parties signed it and it outlines the loan terms, it’s considered a valid contract under state law. The fact that the borrower hasn't made any... View More

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answered on Jan 26, 2025

If a judgment has been placed against you, the creditor can attempt to collect by seizing non-exempt assets you own. In South Carolina, certain property may be protected under exemption laws, like a portion of your vehicle's value, personal belongings, and tools of the trade. Since your... View More

Yes.

Some things to include in a signed written agreement:

Attorney fees provision if need to sue to collect;

Disclosure of bank and other asset information;

A security interest in Assets

A South Carolina attorney could advise best, but your question remains open for a week. I'm sorry about your injury. It isn't clear what kind of help you need - You disagree with figure? You have questions about how to collect figure? etc. If you have an attorney on the case, they would... View More

If your name is on an account, a garnishment will apply to the account. You can file a claim of exemption, or other proper document, to prevent the taking of money in the account that is not yours.

In no uncertain terms, tell them that you do not owe the money. I am assuming that you have not made a payment in more than 3 years. Do not admit in writing that you owe or owed the money. The SC Statute of Limitations is 3 years but you cannot have made a payment or admitted in writing that... View More

"I was told". "I didn't read the fine print".

These are the 2 biggest errors people make when they enter into any contract. The only thing that matters in a contract is what is on paper, not what you were told. Not reading the contract, including the fine print, is... View More

Whether the overpayment of unemployment benefits occurred because of fraudulent actions of the recipient may be in the eye of the Unemployment Agency. Generally, SC Code of Laws Section 41-40-10(5) states:

(5) Notwithstanding any other provision of this section, no action to enforce... View More

No, it does not have to provide you detailed reasoning in writing.

If the judgment is satisfied before the sheriff executes, there won't be an execution. Subject to SC law, the sheriff may very well be able to snatch the car and her bank account. If you intend to satisfy the judgment, DO NOT go by the judgment itself. Contact plaintiff's attorney for an... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2021

Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.

You can’t be held responsible for the debt but they are within their rights to refuse service to anyone.

If it was extended, yes.

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... View More

The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than... View More

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,... View More