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South Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for South Carolina on
Q: I canceled a home warranty because it was shady. And they will not refund half my money unless I take down my review.

Isn't this extortion?

T. Augustus Claus
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answered on Feb 13, 2024

In South Carolina, the situation you described raises concerns under consumer protection laws. When a company conditions a refund on the removal of a negative review, it could potentially be considered a form of extortion or a violation of your rights under laws designed to protect free speech and... View More

2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy, Consumer Law and Contracts for South Carolina on
Q: When should I file a motion to compel arbitration in South Carolina?

I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?

James L. Arrasmith
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answered on Jan 3, 2024

In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More

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1 Answer | Asked in Consumer Law for South Carolina on
Q: What can you do if a restaurant keeps your card and swears they dont have it?

I went to Marco's Pizza in Sumter SC on Monday, December 18. The transaction number is 118678940. The cashier’s name on my receipt is Jay’onah. I paid with my Bank of America debit card. That was the last time I saw it. The cashier never gave me my card back.

After receiving... View More

James L. Arrasmith
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answered on Dec 25, 2023

If a restaurant like Marco's Pizza in Sumter, SC, claims not to have your card after a transaction, it's crucial to take several steps to address the situation. First, keep records of the transaction, including the date, time, transaction number (as you've mentioned), and any... View More

1 Answer | Asked in Civil Rights and Consumer Law for South Carolina on
Q: Can I put a funeral home name on a obituary without their permission
T. Augustus Claus
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answered on Aug 16, 2023

In general, it is common practice to include the name of the funeral home that is handling the arrangements in an obituary. Funeral homes often work closely with families to provide funeral and memorial services, so including their name can help people who are reading the obituary know where the... View More

1 Answer | Asked in Consumer Law and Collections for South Carolina on
Q: received a call regarding a Best Buy cc purchase over 25 years ago. The purchase was under 500.00 but was advised 2400.0

The interest was compunded and they stated it would be about 5400.00 judgement

D. Nathan Davis
D. Nathan Davis
answered on Mar 23, 2023

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

1 Answer | Asked in Consumer Law, Contracts and Small Claims for South Carolina on
Q: Can I get a down payment back on a car if I never took the car from the lot

I put a down payment on a vehicle and signed the paperwork but the car dealership created a fake driver’s license for me to get licensing which is what has made me not want the vehicle after concentration he kept telling me it’s legal and I wouldn’t get into trouble which is the only reason I... View More

D. Nathan Davis
D. Nathan Davis
answered on Feb 23, 2023

My initial answer is yes, you should get your money back. Even though you signed the contract, you never took possession of the vehicle. The reason should not be an issue. You never took delivery of the vehicle so one of the conditions to make the contract never occurred.

Another...
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1 Answer | Asked in Consumer Law and Construction Law for South Carolina on
Q: What do I file if a company ignores a Subpoena to produce documents by a certain date?

What do I file if a company ignores a Subpoena to produce documents by a certain date in SC? I am representing myself "Pro Se" because I can't afford the large attorney cost I was told and I make too much to qualify for help. The Company installed the flooring wrong and it is uneven... View More

D. Nathan Davis
D. Nathan Davis
answered on Feb 21, 2023

You will need to file a motion to compel and for sanctions if the company is ignoring the subpoena. This is done pursuant to Rule 11 and should get you the desired result. You need to send a letter threatening to file the motion to the attorney for the company.

Unless your case is in...
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1 Answer | Asked in Consumer Law and Contracts for South Carolina on
Q: Hi, dear lawyers, I have a concern wondering if it could be made a case or not against toyota misleading.

I went to Toyota dealer and asked about a specific vehicle that is showing online that it’s in transit, so after checking the salesman said that it would arrive on Thursday 29th of Dec, so I went ahead and sold my vehicle on Tuesday the 27Th and got a rental till the 29th and put a deposit 1000$... View More

D. Nathan Davis
D. Nathan Davis
answered on Jan 3, 2023

Legally, you may have a case against the dealer. The case is likely not worth pursuing using an attorney. The reason is that the damages you have suffered are minor. You can buy a different vehicle and mitigate your damages. A lawsuit is an expensive thing to pursue and any recovery is likely... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: Can I sue if the seller of a car failed to disclose it was in recall under the consumer fair rights act?

It’s a Ford Ford Focus 2016, was considered in a class action lawsuit that was on recall.

T. Augustus Claus
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answered on Jul 14, 2023

Sellers have a duty to disclose known material defects or safety recalls regarding the products they sell. If the seller of the car failed to disclose that it was subject to a recall and this omission resulted in harm or financial loss to you, you may have grounds to pursue legal action.

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: Good Afternoon! I purchased a home with a shed in the back yard. The previous home owner had not completed payments on

the shed. She notified them and inivited them to pick it up. They didn't. Two months after I bought the home, they attempted to repossess shed. They destroyed my fence and yard. They claim they still own the shed. They are not currently willing to pay for damages. What are my legal options?

Anthony M. Avery
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answered on Mar 2, 2023

Hire a SC attorney to sue for property tort damages. You will need a witness to establish the cost of repairs.

1 Answer | Asked in Consumer Law, Business Law and Collections for South Carolina on
Q: If I was told an insurance package would cover my vacation from any pandemic related issues and now they won't pay.

Travelocity sold the vacation to me in spring 2021, and told me I was covered from any pandemic related issue but I didn't read the fine print and now AIG will not reimburse me and Travelocity only offered credits I cannot use.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 31, 2023

"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...
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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 Consumer Law, Contracts, Banking and Collections for South Carolina on
Q: Does a credit card company have to provide credit denial explanation in detail, and in writing when requested?

I applied for a credit card with a company that had closed my account previously during COVID 19. One of the reasons for denial on the denial letter stated I was denied because I did not meet that company expectations for account usage on a previous account. I requested they explain what activity... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 17, 2022

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

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for South Carolina on
Q: I was sold a car that had a 125-point inspection, took it to a mechanic and there were issues that should've been found

The car dealership advertises that they do a 125-point inspection and the issues that were found total up to almost $2,000. I researched what type of issues are looked at with this type of inspection, and with the information that I found there is no way that an inspection was done. Is this false... View More

David Andrew Maxfield
David Andrew Maxfield
answered on Aug 1, 2022

Potentially; SC has a Motor Vehicle Dealer's Act, which prohibits deception in advertising or in statements made to you about the condition of the car. So, if Dealer said it had done an inspection (in advertising or elsewhere) but did not really do one, Dealer could be sued under the... View More

1 Answer | Asked in Consumer Law, Estate Planning, Real Estate Law and Tax Law for South Carolina on
Q: Is it possible to reverse a sale of a delinquent tax sale of a dead person's property(unnotified heirs)

Property was sold with out notification to heirs living on the property

Anthony M. Avery
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answered on Jul 18, 2022

Consult with a competent SC attorney to exercise your Redemption Rights quickly if you still have them. Time is of the essence. It will take money, or forget it as someone should have paid those Taxes.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for South Carolina on
Q: is there a maximum age one can be called for jury duty in south carolina?

i am 71 years old. i have served jury duty 16 times in my lifetime. can i be called again?

Timothy Denison
Timothy Denison
answered on Jun 22, 2022

No. No maximum age. You can be called again.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for South Carolina on
Q: Do we have any rights as a renter for what we considered false advertisement?

We rented a home with a dock on the inlet for the sole purpose of fishing and water activities but when we arrived, the dock had been torn down and under construction. There is no access to the water due to the construction material along the entire inlet wall. No communication was made to us... View More

D. Nathan Davis
D. Nathan Davis
answered on Apr 18, 2022

The short answer is probably yes. If a property is held out to you as including a dock, you have the right to be compensated if the amenity was not available to use. Of course, you will have to prove the difference in the value of the property with the amenity and without the amenity.... View More

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for South Carolina on
Q: I've been trying to get through the accusations of taking a firearm or stealing from a member of the family....

At the time of question I was at my father's residence for a period of maybe 4-6 days continuously due to personal relationship issues and differences. My dad's cousin came over daily and intoxicated heavily. He left residence and later on accused me of stealing his gun after he had left... View More

Roy Willey
Roy Willey
answered on Jan 1, 2022

It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged... View More

1 Answer | Asked in Consumer Law, Estate Planning, Land Use & Zoning and Real Estate Law for South Carolina on
Q: can you QuitClaim Deed property to Trust? & if the lender wants pay-in-full but you have nothing else of value left...

what happens when you do a QuitClaim Deed of property over to a Private Common Law Irrevocable Ecclesiastic Trust? If the person’s name is on the recorded Deed as owner… meaning legal owner of the property, having a legal interest in the property referring to the right to possess or use... View More

Nina Whitehurst
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answered on Nov 15, 2021

Transferring property to a trust does not magically remove security interests. If the loan goes into default due to lack of payment, the lender may foreclose its lien.

1 Answer | Asked in Real Estate Law, Bankruptcy and Consumer Law for South Carolina on
Q: I would like to purchase a parcel of land, but 1 of the 2 owners has several judgements against him in the same county.

The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Jun 22, 2021

S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien... View More

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