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South Carolina Questions & Answers
1 Answer | Asked in Car Accidents for South Carolina on
Q: I got in an accident. It was my fault. My insurance lapsed. Vehicle was not insured at the time of accident.Clean record

I have to appear in court coming up for citation of failure to provide insurance. Clean driving record. No accidents, or tickets

Carole Jean Hayes
Carole Jean Hayes
answered on Feb 5, 2024

Just go to court and be very honest with the judge and let him know that you have no tickets and it was an honest mistake. As far as the damages, go to the other person and or their car, they will have to use their uninsurance coverage. This is coverage that is mandatory in our state and it will... View More

1 Answer | Asked in Tax Law for South Carolina on
Q: What are ways to avoid having to pay tax upon the amount of debt written off or forgiven when you receive a 1099-C?
James L. Arrasmith
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answered on Feb 4, 2024

When you receive a Form 1099-C for cancellation of debt, it typically means you need to report this amount as income on your tax return, potentially increasing your tax liability. However, there are several strategies that may help you avoid or minimize the tax impact of forgiven debt.... View More

1 Answer | Asked in Probate for South Carolina on
Q: I am an only child and my mother just passed away. She was married. No will. Bank account her name only. Help in SC prob

I haven't even been allowed to go through my mother's belongings. And I'm just needing some legal advice of what I can and can't do. I'm basically just wanting to make sure I get my great grandmother's handmade dishes thats been passed down that my mother told me she... View More

T. Augustus Claus
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answered on Feb 2, 2024

In South Carolina, when someone passes away without a will, their assets typically go through the probate process to determine how they should be distributed. As the deceased's only child, you may have rights to inherit a portion of your mother's estate under intestate succession laws,... View More

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Child Custody for South Carolina on
Q: Where can I find an attorney willing to sue SCDSS?

SCDSS filed a custody removal suit against my husband based on an affidavit in which the case worker blatantly lied. Through a recorded phone conversation and phone records, I was able to prove that she lied, and they settled the case out of court. There were no repercussions for the DSS employees,... View More

James L. Arrasmith
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answered on Feb 1, 2024

Finding an attorney willing to sue a government agency like the South Carolina Department of Social Services (SCDSS) can be challenging, but it's not impossible. To pursue a case against SCDSS, you should look for experienced attorneys who specialize in civil rights and administrative law.... View More

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1 Answer | Asked in Criminal Law, Family Law and Child Custody for South Carolina on
Q: Can someone be charged with custodial interference if there is no court order?

I was charged with custodial interference after refusing to return my child to her mother due to the mother not properly caring for my child. There was no court ordered custody and I signed the birth certificate, so I was under the impression that I had the right to keep my child in my care while... View More

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Feb 1, 2024

In South Carolina, signing a birth certificate provides merely rebuttable evidence that the signer is the biological father of a child born out of wedlock. The putative father's paternity must be established in a family court hearing, before he is legally recognized as the father and before he... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: If a person has been in prison for a very long time but has been in no trouble since release is it likely for thePR bond

Especially if the new warrant is for a very low misdemeanor

James L. Arrasmith
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answered on Jan 31, 2024

If a person has been in prison for a long time but has maintained a clean record since their release, this can positively influence their eligibility for a personal recognizance (PR) bond, particularly for a low-level misdemeanor. A PR bond, also known as a personal bond, allows a person to be... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Constitutional Law and Libel & Slander for South Carolina on
Q: How did they sign a warrant for my arrest based of the statement of a witness that was the so called victims best friend

The so called victim was my husband customer who wrote a bad check for 6500 and my husband and him argued at the dock. I never got off the boat but he said I damaged his car?! We didn't even put.in at that marina I wouldn't even have known.what car or truck was his out of the 60... View More

James L. Arrasmith
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answered on Jan 30, 2024

I understand your concern and frustration regarding the warrant for your arrest. In situations like this, it's important to know that law enforcement can issue a warrant based on the statement of a witness, even if that witness is the alleged victim's friend. However, the validity of the... View More

1 Answer | Asked in Tax Law for South Carolina on
Q: I am a 1099 subcontractor. I get paid cash. I do not deposit the cash in the bank. Is that ok?

I am asking because my accountant is looking for bank deposits, and I don’t have any.

James L. Arrasmith
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answered on Jan 28, 2024

No, being paid cash as a 1099 subcontractor and not depositing that cash into a bank account is generally not advisable or okay from a tax and legal perspective. Here are a few key reasons why:

1. Tax reporting requirements - As a 1099 worker, you are still required to pay taxes on that...
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1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: The police came without a search warrant I asked to show it ,they couldn't so he looks in my window and saw paraphernali

When he saw my weed pipe and said he gonna shoot my dog I told him I'll shot you,so they charged in tased me cuffed me,jail I went they never said under arrest or read my rights

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, it's important to understand that police generally need a warrant to conduct a search, but there are exceptions. One such exception is if an officer sees illegal items in plain view, like a weed pipe, which can justify a search and potentially an arrest without a warrant.... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can a drug charge be thrown out after a certain amount of time of being pending in general sessions Court in SC

I've had a drug charge pending in general sessions Court for almost 2 years now and I was wondering if they was an amount of time that I could get it thrown out

T. Augustus Claus
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answered on Jan 26, 2024

The ability to have a criminal charge dismissed after a certain period depends on several factors, including the specific circumstances of the case and the laws of the jurisdiction.

In South Carolina, there is no automatic time limit after which a drug charge is automatically dismissed....
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1 Answer | Asked in Tax Law for South Carolina on
Q: I inherited my Dad's home when he passed away in 2002. His spouse was given a "Life Estate," with no Life Estate Deed.

I was notified in 2023 that his spouse had deceased. I sold the house in 2023. Do I have to pay capital gains from the fair value of the house in 2002 when my Dad died or when I was able to sell the house last year after his spouse with the Life estate passed?

James L. Arrasmith
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answered on Jan 26, 2024

In the United States, the basis for calculating capital gains on inherited property is typically the fair market value of the property at the time of the original owner's death. In your case, this would be the value of the home in 2002 when your father passed away. This is known as the... View More

1 Answer | Asked in Civil Litigation and Contracts for South Carolina on
Q: If given a phone by an individual that passes away before credit balance was paid in full, what happens to the phone?

The credit card is only in the name of the deceased.

James L. Arrasmith
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answered on Jan 25, 2024

In the situation you've described, where a phone was given to you by someone who has since passed away, and the phone's credit balance is unpaid, there are a few considerations under South Carolina law. First, the responsibility for the unpaid balance typically falls to the estate of the... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: Employer Limiting Freedom of Speech

I just left a team meeting where my Director told us that we would get corrective action/fired if we engaged in personal conversations (on personal cell phone) with our co-workers complaining/venting about them ( Director & Manager) or about the company? Also, insinuated that younger people are... View More

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jan 23, 2024

Interfering with an employee’s right to discuss the terms and conditions of the workplace with coworkers likely violates the National Labor Relations Act and could be reported to the National Labor Relations Board through a filed complaint. And if an employee is fired for engaging in protected... View More

2 Answers | Asked in Car Accidents and Civil Litigation for South Carolina on
Q: I recently got my car stuck in flood waters yet the cops still towed it to the impound should I have to pay to get out
James L. Arrasmith
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answered on Jan 23, 2024

In South Carolina, if your car is towed to an impound lot, regardless of the circumstances, you are generally responsible for the costs associated with towing and storage. This applies even if your car was stuck in flood waters. The decision to tow is often made for safety reasons or to clear the... View More

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2 Answers | Asked in Car Accidents and Civil Litigation for South Carolina on
Q: I recently got my car stuck in flood waters yet the cops still towed it to the impound should I have to pay to get out
Carole Jean Hayes
Carole Jean Hayes
answered on Jan 23, 2024

You will have to pay to get it out and you should also be mindful that there may storage cost involved so I would do this sooner than later. The logic behind it is it was a safety hazard and had to be removed for public safety and you are the owner and are responsible for securing the vehicle.

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1 Answer | Asked in Car Accidents for South Carolina on
Q: If I wreck a vehicle that is not paid off in full but am the registered owner, what are my obligations as to returning

The license plate and registration ?

Carole Jean Hayes
Carole Jean Hayes
answered on Jan 22, 2024

You should take care of both the license plate and the registration. You need to go to the DMV and return the tag and registration and you need to let the lien holder know as well if car is not paid off as they are going to continue to expect payments. If it’s totaled, they should be able to... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: Can my employer cancel my insurance benefits immediately when I resign if they have already taken payment from my check
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answered on Jan 19, 2024

In South Carolina, if you resign from your job and your employer has already deducted payments for insurance benefits from your paycheck, it is generally not permissible for them to immediately cancel your insurance benefits. The continuation of insurance coverage is often subject to the terms... View More

2 Answers | Asked in Personal Injury for South Carolina on
Q: Can I Sue I received a concussion and 10 stitches in my face because a hazardously mounted road sign on the sidewalk

I've taken pictures of the sign and my injuries I went to the emergency room immediately. The sign is an obvious hazard

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answered on Jan 18, 2024

If you have sustained injuries, including a concussion and facial stitches, due to a hazardously mounted road sign on the sidewalk, you may have grounds to pursue a personal injury claim. Documenting the incident with pictures and seeking immediate medical attention strengthens your case by... View More

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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I want to title a short story "The Kool-aid Pact," but I know that would pose a trademark issue.

Is there a different way I could title this so it wouldn't be an issue?

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

There would typically be a process one could inquire about for rights clearance or limited licensing with the owner of the trademark. This is typically something an attorney would handle, but the information about the owner/their representative may be found online with the TEAS trademark lookup... View More

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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I want to title a short story "The Kool-aid Pact," but I know that would pose a trademark issue.

Is there a different way I could title this so it wouldn't be an issue?

James L. Arrasmith
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answered on Jan 13, 2024

To avoid potential trademark issues with your story's title, consider using a more generic term instead of a specific brand name. For example, you could title it "The Flavored Drink Pact" or "The Sweetened Beverage Agreement." These alternatives convey a similar idea... View More

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