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South Carolina Questions & Answers
1 Answer | Asked in Libel & Slander for South Carolina on
Q: What is the statute of limitations ?

I have conversation on police audio and video

Matthew Breen
Matthew Breen
answered on Jun 7, 2023

Generally, statutes of limitation (deadlines for filing a lawsuit) in South Carolina are three (3) years from the date of when the injury or occurrence that would give rise to the lawsuit happen. If a governmental entity is the intended Defendant, the Tort Claims Act comes into play. It has SECTION... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for South Carolina on
Q: I am looking for an attorney that handles insurance non payment from my employer and my employer not handling my case

My employer has not handled my paper work in a timely manor which is causing me issues with pay and insurance for short term and medical payments. Going to lose all of my benefits due to neglance on my employer! Life ins included! Can never get them to talk to me always answering machine ! I... View More

Tim Akpinar
Tim Akpinar
answered on May 30, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. You can find attorneys who handle such insurance matters. But if it's a large reputable insurance company with a customer service department, you could first reach out to them. Good luck

1 Answer | Asked in Employment Law for South Carolina on
Q: I filed a claim with the unemployment benefit agency and I was denied, then it was recinded? What is that
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Cannot say without seeing the paperwork. It would appear to mean that the decision was taken back. However, they usually say the decision was "vacated" not "rescinded." Rescinded is a contract term meaning the contract was repudiated by one of the parties and they want to undo... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: What does rescinded mean from a decision that the unemployment benefit agency denied my claim

I filed a claim with the unemployment benefit agency and I was denied then they sent me a message saying that the decision was recinded

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Cannot say without seeing the paperwork. It would appear to mean that the decision was taken back. However, they usually say the decision was "vacated" not "rescinded." Rescinded is a contract term meaning the contract was repudiated by one of the parties and they want to... View More

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I was pulled over and issued violation 44-53-0370. First time ever being stopped. What’s my best course of action
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There are attorneys that specialize in handling traffic defense in every state, you should look for one on Justia or google one in your local area. Don't miss your court date, and be aware that it probably says "on or before" so you could go to the Courthouse to see about your... View More

1 Answer | Asked in Trademark and Intellectual Property for South Carolina on
Q: I am making an NFT CALLED AETHERIA will that be am issue since the word is trademarked?
James L. Arrasmith
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answered on May 22, 2023

Using the term "Aetheria" for your NFT may potentially raise trademark concerns if the word is already trademarked by another entity. Trademark protection extends to various industries and categories, so it is important to conduct a comprehensive search to ensure there are no conflicting... View More

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: I have sole custody of my daughter but have relocated to another country

My ex is trying to say I abducted my daughter and spreading it all over social media.

Megan Hunt Dell
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Megan Hunt Dell
answered on May 15, 2023

It's not clear what your question is. If you have a prior Order addressing custody of your child, then it likely also addresses whether you have the right to relocate your child to another country. It may also prohibit each parent from disparaging the other in certain situations.

The...
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1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Hi! A parent in South Carolina with sole legal and physical custody have to share a change of address to the otherparent

Her father have visitation and the mother myself have sole legal physical custody and I recently moved but still in South Carolina, do I have to share my address to the other parent? I have his address due to visitations.

Megan Hunt Dell
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Megan Hunt Dell
answered on May 15, 2023

If there is a prior Order addressing each parent's rights and obligations, it probably contains a provision requiring each parent to keep the other updated of their current addresses.

If the prior Order does not contain a provision like that, a parent who is entitled to visitation with...
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1 Answer | Asked in Divorce for South Carolina on
Q: Is partial health insurance payments considered alimony ? Is remarriage grounds for terminating the payments?
Megan Hunt Dell
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Megan Hunt Dell
answered on May 15, 2023

Health insurance coverage is, generally, considered alimony or spousal support. However, South Carolina does not have any case law about whether an obligation to maintain such coverage could terminate upon remarriage. It is likely the answer will depend on the language of your Final Order and... View More

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My husband left me 2 months ago and I would like to purchase a home. Can I purchase it without it becoming marital asset
Megan Hunt Dell
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Megan Hunt Dell
answered on May 15, 2023

In South Carolina, marital assets are those acquired between the date of marriage and the date a case is filed. To minimize the likelihood of a home you purchase after separation being considered a marital asset, you should (1) file an action in Family Court before purchase; and (2) not use marital... View More

1 Answer | Asked in Civil Litigation, Health Care Law, Personal Injury and Wrongful Death for South Carolina on
Q: Can my family sue for how a hospital profiled my mother who passed away? Failed to diagnose cancer but passed from clot.

My mothers medical journey was a nightmare and a hospital system failed her horribly. She was profiled from day one. Even her FNP will attest to this. We had an autopsy done. Her abdomen had caused her pain for almost a year. Protruding and painful. The cancer center cancelled her appt 2 months... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2023

A South Carolina attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your mother. You could reach out to law firms to try to set up a free initial consult. This appears to be a complex file with a long patient history - and it isn't clear... View More

1 Answer | Asked in Family Law and Probate for South Carolina on
Q: 2 sons and a mom. The mom dies with the son # 1 named executor of the will. The son #2 has/had a joint bank account.

The will says 50 /50 split for the sons. Who gets the bank account?

Anthony M. Avery
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answered on May 5, 2023

If son 2 had the joint account with Mom, then son 2 owns that money. It does not go through the Estate. The bank signature card must be examined.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If items were found in room where some one was sleeping during a drug raid. Is it possible to get out of those charges

Individual was asleep in room and bookbag was found in closet

Casey Brown
Casey Brown
answered on May 5, 2023

Many Possession charges deal with the person having dominion and control over the area the items were found. A criminal defense attorney will be able to look at a specific situation for these issues and assist someone who has been charged.

1 Answer | Asked in Car Accidents for South Carolina on
Q: personal injury from car acvident

progressive auto

Tim Akpinar
Tim Akpinar
answered on May 5, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. It looks like something may have gotten left off your post. You could try reposting. Don't include personal information. Good luck

1 Answer | Asked in Criminal Law for South Carolina on
Q: What does MDP mean. 1 st offence
Casey Brown
Casey Brown
answered on May 4, 2023

MDP means Manufacture, Distribution, Possession. This is typically related to the amount or weight of alleged narcotics. The first offense means that the person charged has not been convicted of this offense or an offense that can be enhanced in the past.

1 Answer | Asked in Military Law for South Carolina on
Q: Can I get in trouble if I marry my boyfriend and know he is MIA from his post in the service
James L. Arrasmith
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answered on May 2, 2023

Yes, it is illegal to knowingly marry someone who is absent without leave (AWOL) or missing in action (MIA) from the military. This is considered aiding and abetting in a crime and can result in legal consequences. It is important to contact the military authorities and report his absence to avoid... View More

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My uncle reopened my grannys estate i think he stole some property that she left me my brother How do I find out
Anthony M. Avery
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answered on May 1, 2023

A good starting place is reading the Probate File wherever the Estate was Probated. If real property, then search her former title at Circuit Court where land lies. A SC attorney may be able to help you further. If conversion/embezzlement occurred, then you and the other would be... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for South Carolina on
Q: How can they be made to leave!? My mom passed away almost 1 year ago and left and 2 sisters and 1 the house. The oldest

Had power of attorney and I'm assuming she is dealing with probate. She doesn't talk to me and isn't authoritative with the situation. The other sister lives in the house with 7 other adults she now has there. No power, no water. They have the carport covered completely and the yards... View More

Anthony M. Avery
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answered on May 1, 2023

All tenants in common have the right to occupy their property, utilities or not. You may wish to hire an attorney to file for a Sale For Partition.

2 Answers | Asked in Car Accidents and Criminal Law for South Carolina on
Q: Who af fault when passanger jerkes stearing wheel and driver overcorrected and hit car head on?

Driver and passanger were arguing, passanger asked multiple times to be let out if the vehicle but driver denied. Passanger gerked the wheel causing car to go off road into a grass field; driver then corrected the vehicle but wasn't paying attention and didn't stop the car from crossing... View More

Mark A. Siesel
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answered on Apr 20, 2023

If you are the owner of the vehicle, as the liability is clearly on your car (the other driver doesn't appear from what you describe to have done anything wrong). If you were driving someone else's vehicle with their consent, both you and the owner are responsible under vicarious... View More

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1 Answer | Asked in Criminal Law for South Carolina on
Q: How do you get possession of the firearm in a pointing and presenting case
Casey Brown
Casey Brown
answered on Apr 18, 2023

If your question is how to get the gun back in a pointing and presenting case, then the case will need to be resolved in the defendant's favor and the defendant will need to go to the agency that has the gun to request it or the owner of the gun will need to request it with proof of ownership.

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