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South Carolina Questions & Answers
1 Answer | Asked in Criminal Law for South Carolina on
Q: I have s warrant for my arrest they said that I had brought contraband in to the jail what should I do
Casey Brown
Casey Brown
answered on Jul 31, 2023

Contacting an experienced attorney to reach out to law enforcement on your behalf is a good start. They may want to set a date to allow the warrant to be served, booked, and get a bond in the shortest amount of time. This can also be helpful in getting a great bond set. Then, handle the case and... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Are your rights violated when, you get picked up for failing to appear. You don’t see the clerk of court

instead you are waiting on a court date?

T. Augustus Claus
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answered on Jul 26, 2023

In South Carolina, if you fail to appear in court as required, a bench warrant may be issued for your arrest. When you are picked up on this warrant, you have the right to be informed of the charges against you and have the opportunity to appear before a judge for an initial appearance or bond... View More

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My dad passed away Easter Day 2021 my mom just passed away May 28th 2023 they did not leave me as beneficiary

I do not have no brothers or sisters I'm my only child I was born in 1981 why do I have to go to probate they own their own home they did not have no liens on it or anything they made me personal representative at probate for something I think everything is rightfully mine don't have no... View More

T. Augustus Claus
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answered on Jul 21, 2023

In situations like yours, where a person passes away without a will (intestate), their assets typically go through the probate process to determine how they will be distributed. The probate court will handle the distribution of the estate according to state laws, which can vary depending on the... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: yearly exam to my OB doctor. She said I had a cyst on my ovary so we’re gonna do a hysterectomy I go for follow up and

She Said oh the cyst was not on your ovary. It was on your colon, so why did you give me a full hysterectomy if it was on my colon. I didn’t need to get a hysterectomy. I was fine. She saw a cyst at the exam. She said she was going to do a hysterectomy. She did the hysterectomy and it was not on... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 20, 2023

A doctor, on review the records, would need to inform us if it was negligence to not know the location of the cyst prior to the surgery. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors... View More

1 Answer | Asked in Personal Injury for South Carolina on
Q: Can you sue a business for falsely accusing you of something you didn't do in front of others? Mistaken for someone else

I was checking out at a store and the employee and manager accused me of throwing things at her when she wouldn't sell me something. She asked me not to return to the store. This was done in front of other customers as well. I tried telling them I didn't know what they were talking about... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. Technically, one could sue if they suffered harm as a result of a false statement. The legal theory is defamation. But from a practical standpoint, it could be difficult to find a law firm to handle something... 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 Divorce and Family Law for South Carolina on
Q: I need help. I am trying to restart my life. I just separated from my husband, but he does not want to help me financial

I am distraught.

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2023

A South Carolina attorney could advise best, but your question remains open for four weeks. I'm sorry for your difficult position. This is something that a divorce attorney would know better than an insurance defense or banking attorney (the chosen categories). In the interim, there could be... View More

2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: I filed a Chapter 13 (SC) at 1:00 PM the day of the auction. The auction sale was recorded at 3:00PM.

Could the stay affect the sale?

T. Augustus Claus
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answered on Jul 13, 2023

If you filed for Chapter 13 bankruptcy before the auction took place, it is possible that the automatic stay may have affected the sale. However, the specific timing and details of the bankruptcy filing, as well as any actions taken by the foreclosure sale trustee, can impact the outcome.

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2 Answers | Asked in Immigration Law for South Carolina on
Q: Can I sue immigration? I have kids in Ukraine where is war now and I can not bring them to me in USA

I have filed I-130 and its in in status of getting interview now, and I filed U4U program and this I-134A case got confirmed in April 2023. Till now I still can not move forward any of this cases and bring kids to me from Ukraine. Its a brutal war in Ukraine and beside my... View More

Kevin L Dixler
Kevin L Dixler
answered on Jul 13, 2023

A writ of mandamus can be dismissed. The Unite for Ukraine process is totally discretionary and there are too few examiners to process the applications, but visas that are subject to unreasonably low Congressionally mandated levels are political matters.

Complain to your Congressional...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for South Carolina on
Q: I want to gift my grandmother that has dementia a shed that is already on her property. South carolina

How can I show this legally

T. Augustus Claus
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answered on Jul 12, 2023

Have your grandmother sign the gift deed in the presence of a notary public.

Notarization is typically required for the document to be legally valid.

1 Answer | Asked in Personal Injury for South Carolina on
Q: If 63-year-old woman was hit by a bike by a 8-year-old boy in her neighborhood, can she sue the boy? What compensation?

The 63-year-old lady was chatting in the street while the 8-year-old boy was riding in the neighborhood. Suddenly, the bike hit the lady's hip, ankle, and fingers. The boy was playing with his sister and wasn't looking forward while riding his bike. He's not purposeful. The lady was... View More

Roy Willey
Roy Willey
answered on Jul 12, 2023

Yes, the lady can sue for negligence. Depending on the particular facts the boys parents and/or their insurance may be liable. She should consult with an experienced personal injury attorney who will gather all of the facts, conduct an investigation and determine her best path forward.

1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: How to file misconduct charges against a police officer for harassment and kidnapping
James L. Arrasmith
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answered on Jul 11, 2023

To file misconduct charges against a police officer for harassment and kidnapping, you can follow these steps; Gather evidence, such as police reports, photographs, or witness statements. File a complaint with the police department. Contact the district attorney's office. Consult with an... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for South Carolina on
Q: Can I name my online vintage clothing store “Jean Genie Vintage” after David Bowie’s song?

I have an Etsy shop called Jean Genie vintage Co. There are others using a name similar in other states: Jean Genim Denim, the Jean Genie, and then another Jean Genie Classics (on Etsy and actually from my same town).

I’m wanting to get an LLC to protect my business. But I don’t want... View More

James L. Arrasmith
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answered on Jul 11, 2023

The name "Jean Genie Vintage" may be trademarked by David Bowie's estate, so you will need to determine whether the name is trademarked and contact the trademark holder to see if they would be willing to allow you to use the name. You will also need to consider whether the name is... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I’m employed at a chain daycare. I put in for a transfer to another center. The new director keeps giving me a runaround
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry you are not getting your transfer promptly. You are considered an "at will" employee and can be terminated at any time with no reason needed, unless you have a written contract that says otherwise. If you make too much fuss about not being transferred promptly, you may be fired... View More

1 Answer | Asked in Contracts and Real Estate Law for South Carolina on
Q: How to get deed from property I bought from individual. Paid it off she wouldn't sign over.i got agreement we wrote down

The agreement wrote on paper was I pay off the loan she used the property as collateral for. I pay taxes etc. It was like a rent to own deal.

Anthony M. Avery
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answered on Jul 3, 2023

Hire a SC attorney to sue for breach of contract. Otherwise you will never get a Deed. And you could be foreclosed on or subject to a tax sale at any time.

2 Answers | Asked in Gov & Administrative Law, Car Accidents and Insurance Defense for South Carolina on
Q: In 2015 we were told by our State Farm agent we could reduce our premiums by dropping underinsured motorists coverage

At the time, I was being hospitalized to have a stem cell transplant to survive an aggressive form of non Hodgkin lymphoma. We agreed to drop the underinsured coverage at a time when I was I jeopardy of dieing if I did not undergo the procedure. Arguably we were not thinking clearly to agree to... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 1, 2023

Have the signed form reviewed by experienced personal injury attorneys in your state.

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1 Answer | Asked in Contracts and Business Law for South Carolina on
Q: Can I cancel a contract for a full refund of the purchase made in Orlando FL for a deeded Time Share in Myrtle Beach, SC

The Purchase was made in June of 2021

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

There is only a 5 day unilateral right of rescission for the purchase of South Carolina timeshares under the SC Timeshare Act. However, you should consult with a Timeshare Attorney regarding exit options, as there may be options that exist to assist you in divesting yourself of your timeshare... View More

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 Divorce for South Carolina on
Q: I've told my hus. 2 leave 3 times b/c R marriage is over, but he won't go & I'm scared. What can I do?

We have a prenuptial agreement and a additional marriage agreement that covers everything we own and child custody already so that fact that he won't leave is threatening to me

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

You should immediately consult with a Family Law attorney, who will likely advise you to begin the process by filing suit and requesting a Temporary Hearing.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: When do temporary orders go into effect with family court? From the date of the hearing or once the order is signed?
Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Generally in order for the Temporary Order to be enforceable, it must be signed by the Judge and filed with the Clerk of Court.

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