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South Carolina Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: Police towed a vehicle I was in possesíon of my private ptoperty

On June 4 th my friends truck broke down on the way to work so. I told him to pull it off my part of the private road on the grass of my private property about 5 feet.so I could work on it .I took possesíon of ios keys and truck told him it b fine .within 8 hrs a deputy comes out searches the... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like a difficult situation. First, regarding liability for the towing fees, since you offered to let your friend leave the truck on your property, there might be an argument that you assumed some responsibility. However, the legal obligation typically remains with the vehicle owner. You... View More

1 Answer | Asked in Civil Rights for South Carolina on
Q: After the Cheveron reversal, The SCDMV, suspended my license several years ago, started with non-payment of insurance,

Cheveron, now void, the DMV,made there own laws now unconstitutional, I am going to a DMV Monday record it all, demand me license be reinstated, and when they do not do it, I want to sue the SCDMV , for

50 million, I have been jailed, lost my home , lost my business. For deflation of character,

James L. Arrasmith
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answered on Jul 27, 2024

When you go to the DMV on Monday, ensure you have all relevant documents that support your case, including proof that the Chevron decision was reversed and any records related to your license suspension. Politely but firmly request the reinstatement of your license, explaining the impact this... 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

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can my brother and I be forced to sign over rights to land we didn't know about? What options do we have?

My Dad had land that was bought by a distant uncle in a tax sale in SC (1998). The property was not redeemed within in the time frame. My brother and I were not notified, and my uncle claimed the land and is now the grantee. My Dad had health issues, so not sure if he was aware of the situation.... View More

Anthony M. Avery
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answered on Jul 26, 2024

You will need to hire a SC attorney that handles real property litigation. A trial may occur which will require at least the defendants' presence.

1 Answer | Asked in Immigration Law for South Carolina on
Q: How to resubmit a rejected AOS case?

Our AOS case (I-130, I-485, etc) got rejected by the USCIS, because we made a mistake with the amount of one of the fees, therefor the check was not the right amount. USCIS explained on the rejection letter that we can file again after fixing the problem. However, the USCIS clearly already worked... View More

James L. Arrasmith
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answered on Jul 18, 2024

When resubmitting your AOS case, it's important to correct the fee amount and include a new cashier's check for the correct amount. You should reorder the documents and forms, ensuring everything is in the proper order and neatly assembled.

For the forms with USCIS stamps and...
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1 Answer | Asked in Military Law for South Carolina on
Q: Can I draw concurrent US Army retired pay with a 100% disability rating from the Veterans Administration?

I am a retired US Army veteran with 20+years of service. I an now a 100% disabled veteran by the Veterans Administration. I have combat related disabilities from Agent Orange from exposure in Viet Nam during my active service years.

James L. Arrasmith
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answered on Jul 18, 2024

You can draw concurrent retired pay and VA disability compensation under certain conditions. If your disability is combat-related, you may be eligible for Combat-Related Special Compensation (CRSC). CRSC allows you to receive both benefits without a reduction in your retired pay.... View More

1 Answer | Asked in Personal Injury and Social Security for South Carolina on
Q: I need help with SSI, reporting and spending money received from a settlement from a car accident that I was injured in.

I already spent some of it, I bought a car and a bed and some other things to help with my injuries. I will need dental implants because I got implant the day of the accident but they don't fit so I have just 4 screws sticking out of my gums since 11/10/22.

James L. Arrasmith
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answered on Jul 18, 2024

To address your situation, it's important to understand how to report the settlement money to the Social Security Administration (SSA) and how it may impact your SSI benefits. You should notify the SSA about the settlement as soon as possible, detailing how the funds were spent. This is... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can I add my daughter to my 50% ownership deed of property i purchased with my sister, without consent from her?
Anthony M. Avery
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answered on Jul 17, 2024

Yes you can create an estate of your tenancy in common interest with your Daughter, unless the Deed to you is not a straight transfer to two tenants in common. Hire an SC attorney, not a title co., to explain the various interests you can convey to her but keep an interest yourself.

1 Answer | Asked in Patents (Intellectual Property) and Trademark for South Carolina on
Q: I wanna know more about this trademark, such as Has this patent been proven experimentally?
James L. Arrasmith
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answered on Jul 2, 2024

Let me clarify a few points:

1. Trademarks and patents are different types of intellectual property:

- Trademarks protect brand names, logos, and slogans used to identify goods or services.

- Patents protect inventions and new discoveries.

2. The question "Has...
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1 Answer | Asked in Civil Rights for South Carolina on
Q: I am looking for a high profile civil rights lawyer out of North Carolina or Atlanta that can represent me in Greenville
James L. Arrasmith
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answered on Jun 26, 2024

To find a high-profile civil rights lawyer in North Carolina or Atlanta who can represent you in Greenville, I'd suggest the following steps:

1. Research prominent civil rights law firms in North Carolina and Atlanta. Some well-known firms include:

- Southern Poverty Law Center...
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1 Answer | Asked in Elder Law for South Carolina on
Q: DO I HAVE ANY RIGHTS TO TAKE MY MOM OUT TO LUNCH FROM HER HOME AWAY FROM HER HUSBAND WHO MAY BE ABUSING HER WHO IS DISAB
John Michael Frick
John Michael Frick
answered on Jun 20, 2024

As long as your mom is mentally competent and willing to go out to lunch with you, her husband has no legal right to prevent it.

1 Answer | Asked in Construction Law for South Carolina on
Q: I have a former client (8-months ago), who's conduct, I believe, is causing harm to my finished product
Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

A South Carolina attorney could advise best, but your question remains open for four weeks. Your question doesn't include too many details. If you mean you are being caused harm by way of negative and false statements about your work, this could be something for a defamation (libel and... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Looking to apply for a HELOC with the consent of another person on the deed for the property

My mom and I own a property together free and clear. She would be willing to sign her consent to me getting a HELOC to renovate, but if I am going to be the only one on the loan, how much could I borrow against the property? Would I only be able to borrow half the value since my mom has 50%... View More

Anthony M. Avery
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answered on Jun 14, 2024

It is up to the lender as to how much they will loan against the home. Mom will probably have to sign the Note also.

1 Answer | Asked in Probate for South Carolina on
Q: Can someone sue when there is no will

Within probate and non relatives are threatening the son of deceased

Anthony M. Avery
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answered on Jun 10, 2024

Heirs and Next of Kin have standing to sue about issues concerning their interests in a Decedent's properties.

2 Answers | Asked in Car Accidents for South Carolina on
Q: The driver of the car I was in is a friend of mime he said his lawyer sued all 3 of the claims of his insurance

He got 2 hundred thousand

I got 1 check for 3 thousand and fr his insurance copy only got thousand. I think my lawyer sued 3claims and Gabe me a dribble I was asleep when we got hit in the rear end by a drunk lady running from the cops I was never even told her court date any thing... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 3, 2024

The nature and extent of the harms and losses, and other factors may explain the difference in amounts. Consult with experienced malpractice attorneys in the state where this occurred.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: what are the statue of limitations on unlawful use of telephone?
Casey Brown
Casey Brown
answered on May 26, 2024

Based upon the limited facts in your question, the answer is most likely that there is no statute of limitations for the situation you describe in SC.

1 Answer | Asked in Legal Malpractice for South Carolina on
Q: can the police take out what ever body cam footage and only turn over select videos is this legal and keeping evedince

picking and chosing what evidence they turn over cause it proves my encience

John Michael Frick
John Michael Frick
answered on May 9, 2024

No. If the body cam footage is relevant, police can only take out portions for legitimate reasons such as protecting the privacy of others.

1 Answer | Asked in Civil Rights, Collections and Small Claims for South Carolina on
Q: What do I do to protect myself if I want to loan $10,000 to a friend, no interest, to be paid back within a few months
Joel Gary Selik
Joel Gary Selik
answered on May 8, 2024

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

1 Answer | Asked in Car Accidents for South Carolina on
Q: Hit a loose dog with my car. I want dog owner to pay for deductible and damages. How do I do this?

My insurance says I'm not at fault

Joel Gary Selik
Joel Gary Selik
answered on Apr 16, 2024

Ask your neighbor for their p insurance policy information and submit a claim. If they refuse do a demand letter. If they does not work file a lawsuit (small claims).

1 Answer | Asked in Probate for South Carolina on
Q: can i purchase real property from a closed probate estate?

The property in question is in the deceased's name who died ten years ago. She only had one heir listed in her probate case who was also her personal representative. Her parents were deceased and no other relatives (if any) could be found. The case was closed due to inactivity because the PR... View More

Anthony M. Avery
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answered on Apr 10, 2024

Hire a SC attorney that knows real property to search the title and determine heirship. Then make offers to each heir for their quit claim deed to you. Who is paying the taxes? If noone, there may be a tax sale or a foreclosure sale.

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