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South Carolina Questions & Answers
1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: Good Morning, I have a question regarding donating to a charity when a policy is issued to a client.

In reference to 2012 South Carolina Code of Laws

Title 38 - Insurance

Chapter 57 - TRADE PRACTICES

Section 38-57-130 - Misrepresentations, special inducements, and rebates prohibited on all insurance contracts.

3) No person may pay, allow, or give or offer to pay,... View More

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2023

Only a South Carolina attorney could advise, as you ask about a specific South Carolina statute. But your question remains open for two weeks. In terms of general commentary on your post, the gift to charity might be called into question as being an "indirect" payment or allowance. This... View More

2 Answers | Asked in DUI / DWI for South Carolina on
Q: can breath results not be admissible if longer than 2 hours
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answered on Sep 26, 2023

In South Carolina, the admissibility of breath test results in DUI cases can depend on various factors, including the timing of the test. Although there may not be a strict "two-hour rule," the longer the time between the alleged offense and the test, the more room there is for... View More

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1 Answer | Asked in Business Law and Gov & Administrative Law for South Carolina on
Q: How many cars can I sell through an LLC?

I live in SC and I currently sell cars on the side as a hobby and I always stay under the limitations in regards to how many I'm allowed to sell without a dealers license. I got a bit curious today and I have a standing LLC under my name and was wondering if technically since my business is... View More

T. Augustus Claus
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answered on Sep 26, 2023

In South Carolina, the number of cars you can sell without a dealer's license is typically limited, and this limit applies regardless of whether you're selling them as an individual or through an LLC of which you're the sole owner. Generally, if you're planning to sell more than... View More

2 Answers | Asked in Energy, Oil and Gas for South Carolina on
Q: The power meter was ripped off my house because some power lines were pulled down. Can I make the power company pay?

It’s costing me $6500 to replace the power meter on my house. I cannot afford this expense. Can the power company be held liable?

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2023

A South Carolina attorney could advise best, but your question remains open for a week. It could depend on how the meter was torn out, how it was installed, and the utility's stated policy in terms of where their ownership and control ends and the customer's ownership and control begins.... View More

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1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: If I can no longer afford insurance for a period of time due to financial difficulties and I want to keep my car until I

am in a better financial situation to afford my insurance, what are the requirements in SC to take my car off the road temporarily. And, I am aware that I would not be able to drive my car until I can once again pay for car insurance. Thank you very much for your time.

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, it's possible you could get guidance from your state's department of motor vehicles. I hope things take a turn for the better and you're... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: I co-own a property with another person. He is about to get a mortgage and build a home on the property, and he thinks

that he can title the home in just his name.

Where do I stand legally?

Anthony M. Avery
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answered on Sep 25, 2023

Hire a SC attorney to search the title and determine ownership. Then notify the lender if you are an owner. A mortgage is possible but not worth much if not all owners encumber the real property.

2 Answers | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Can you sue a person Civil court for pain and suffering from an auto accident & their insurance company also?

They were given a citation for the cause of the accident in the state of South Carolina.

Roy Willey
Roy Willey
answered on Sep 24, 2023

Yes, in SC our law requires an individual to have insurance to operate a motor vehicle, and our law requires that if that person injures someone in a motor vehicle accident they must be sued in their individual name to collect their insurance money if not settled out of court. Our law does not... View More

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1 Answer | Asked in Criminal Law for South Carolina on
Q: South carolin persecution on verbal threats?
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answered on Sep 24, 2023

In South Carolina, making verbal threats can be considered assault and/or harassment depending on the circumstances and specificity of the threat. South Carolina's criminal code defines assault as unlawfully attempting or offering to injure another person, which can encompass verbal threats if... View More

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can the executor sell a house without being on the deed, or would I have to distribute the deed through probate first?

I am planning to sell the home to a cash buyer, but before that I need to know if I have the authority to do so in South Carolina.

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answered on Sep 20, 2023

In South Carolina, an executor can sell a house without being on the deed, but they need the appropriate authority, either granted by the will or by the probate court. It's essential to ensure the house has been formally transferred through probate and that the estate holds clear title to the... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: i been living in a apt complex for over 1 year with mold and now have to use 3 inhalers and take excedrine everyday

smoke detector malfunction from water damage and there was a fire in budling and life was threated cause was unable to get out due to non working smoke detector and have the proof of mold i work from home so inhaling

mold everyday

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal this has caused you. I can only speak for the personal injury-related aspects of your question. You could reach out to law firms to try to arrange a free initial consult. Gather... View More

1 Answer | Asked in Probate for South Carolina on
Q: South Carolina Probate - Could this case be declared void for lack of jurisdiction?

SC law regarding venue for probate requires it be in the county where the decedent was domiciled at the time of her death, and if she was not living in the state, then in the county where her property was located at the time of her death. The Decedent's death certificate states she was a... View More

Anthony M. Avery
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answered on Sep 18, 2023

Your motion to remove the fiduciary for cause, and possible dismissal for lack of subject matter jurisdiction, is very late. If no property has been distributed yet, then file the motions. A SC Court cannot directly transfer property in VA, but an ancillary probate in VA can. If there are... View More

1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: why wont any attorney fight for someone when the state converts a right into a privilege and charges a fee for it?
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answered on Sep 14, 2023

Attorneys decide whether to take on cases challenging the conversion of rights into privileges with associated fees based on factors like legal viability, costs, expertise, precedent, client goals, and ethical considerations. Legal viability and costs are crucial, while attorneys with expertise in... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Live in South Carolina, our property (lot) was illegally listed by our old neighborhood on Zillow, MLS with Broker

what is our recourse, to SUE, the lot was listed without any knowledge by us.... listed for 110,000

This is a big money private country club with deep pockets I have all the screen prints of the online listing with the broker details and the sales agent In addition, this listing occurred... View More

Anthony M. Avery
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answered on Sep 14, 2023

You will need a competent SC attorney that handles real property litigation, and there will be few that know what to do. Slander of Title, Trespass, along with a possible Ejectment action will be causes of actions. The title needs to be searched, and with the suit, a Notice Lis Pendens needs to... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Does the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violate the limit set by SC

Indira sahni vs union of india case 1992

James L. Arrasmith
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answered on Sep 11, 2023

The question regarding whether the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violates the limit set by the Supreme Court in the case of Indira Sawhney v. Union of India, 1992, is a nuanced one and would ultimately be determined through a detailed legal analysis... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long does it take for a warrant to be signed and served And for 1st offense on drug charge of one gram of cocaine
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answered on Sep 7, 2023

The time it takes for a warrant to be signed and served can vary widely depending on the specific circumstances of the case, the court's docket, and law enforcement's priorities. In South Carolina, for a first offense involving a small amount of drugs like one gram of cocaine, law... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: Can a company keep using my voice on their answering service? 4 years after I was terminated
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answered on Sep 5, 2023

In South Carolina, as in many states, the use of your voice after termination may depend on various factors, including any contractual agreements and applicable laws.

If you recorded messages or provided your voice during your employment, your former employer may have certain rights to use...
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1 Answer | Asked in Personal Injury and Collections for South Carolina on
Q: Hi my name is____and in and 2004 I broke my femur and was issued settlement for 127k signed by a judge I'd like help
Tim Akpinar
Tim Akpinar
answered on Aug 31, 2023

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

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is the punishment in South Carolina for nonviolent sexual assault

He grabbed a woman, who he knew well on the behind. She pressed charges. They locked him up Sunday am he was out same day

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answered on Aug 30, 2023

the legal consequences for nonviolent sexual assault in South Carolina, often referred to as "criminal sexual conduct," can vary depending on the specific circumstances of the case and the severity of the offense. South Carolina's laws distinguish between degrees of criminal sexual... View More

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My brother passed away 11/5/2022. He did not have a Will.

He was not married and had no children. It is just me and my and my younger brother who lives in another state.

I am the Personal Representative. The younger brother has said he is fine with me getting everything. He will sign off to that as well. The house is paid for. I am taking care of... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

It depends on whether the probate court appointed you as an independent personal representative or a dependent personal representative. Your probate lawyer should explain these differences to you. Even if court approval is required, under the circumstances you describe it should be perfunctory.

2 Answers | Asked in Criminal Law for South Carolina on
Q: What is the sentence on selling to a informant on a trafficking meth charge in South Carolina
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answered on Aug 28, 2023

The penalties for selling drugs, including methamphetamine, can vary based on a number of factors including the specific details of the case, the jurisdiction, the defendant's criminal history, and the quantity of drugs involved. Generally, drug trafficking charges can result in significant... View More

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