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South Carolina Questions & Answers
2 Answers | Asked in Probate for South Carolina on
Q: How does inheritance work? Probate closed and haven't received anything

My dad passed away a year ago. We recieved a letter for being listed in the will. My brother got a copy of the will were were listed a certain dollar amount ..probate has closed and we have recieved nothing. I don't know how it works or what we should do.

T. Augustus Claus
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answered on Jan 12, 2024

In South Carolina, the probate process involves the administration of a deceased person's estate, ensuring the distribution of assets according to their will or intestate succession laws if there's no will. If probate has been closed, it suggests that the assets were distributed as per... View More

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1 Answer | Asked in Internet Law for South Carolina on
Q: Someone sent an inappropriate picture via text to a group chat, is there any liability for recipients?
James L. Arrasmith
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answered on Jan 11, 2024

In the scenario where someone sends an inappropriate picture to a group chat, the primary legal focus is usually on the person who sent the image. Their action of sending such content could potentially expose them to liability, especially if the image is obscene or constitutes harassment.... View More

1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for South Carolina on
Q: Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Section of the consent agreement in question:

20. Other Property. Father shall pay directly to Mother, One Hundred Thirteen Thousand Eight Hundred Eighty-Four Dollars and Fifty... View More

Christopher Biering
Christopher Biering
answered on Jan 11, 2024

For a comprehensive answer to your question, a review of the entire agreement would be required. The clause presented alone suggests that personal property is still subject to being divided. It would also be important to know the time that has elapsed since the divorce, and whether previous... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have been locked up for 2 years and out on bond for 8 months and I have not met with or spoken to my public defender.

Now I have a plea hearing schedule for next Thursday and my PD doesn't even know my side of the story. I ask him to see if we could get a continuance and he said they declined. Can this happen, what can I do? I don't feel like I'm being treated fairly.

T. Augustus Claus
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answered on Jan 4, 2024

It is concerning that you have not had an opportunity to discuss your case with your public defender, especially as you approach a plea hearing. Communication between a defendant and their attorney is crucial for a fair legal process. It is unusual for a plea hearing to proceed without adequate... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: I was arrested for DUS and requested medical. I kept asking the officer and medical staff for water and was refused.

I became irate and given no medical care and put back in cruiser. While waiting to leave I kept asking for water and slipped cuffs to my front and began beating on window asking again for water. The officer yanked opened door and jerked me out by my elbow while in cuffs and slammed me to the... View More

James L. Arrasmith
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answered on Jan 3, 2024

Your experience raises concerns about potential excessive force and denial of medical care, both of which are serious issues. In situations where an individual in custody is injured, law enforcement officers are typically required to provide access to medical care. Refusal to do so can be a... View More

2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy, Consumer Law and Contracts for South Carolina on
Q: When should I file a motion to compel arbitration in South Carolina?

I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?

James L. Arrasmith
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answered on Jan 3, 2024

In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More

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1 Answer | Asked in Constitutional Law for South Carolina on
Q: I was falsely accuse of shoplifting and got arrested. Went to court and won
James L. Arrasmith
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answered on Jan 2, 2024

Winning your court case for a false shoplifting accusation is a significant victory. This outcome not only clears your name but also confirms your innocence in a legal context. However, the experience of being falsely accused and arrested can have lasting impacts.

You might consider...
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1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: I was falsely accused of shoplifting
James L. Arrasmith
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answered on Jan 2, 2024

Being falsely accused of shoplifting can be a distressing and confusing experience. It's important to understand your rights and the steps you can take to address this situation.

Firstly, remain calm and cooperative if approached by store security or law enforcement, but be mindful not...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Somebody else was driving my car and got arrested. Cops did not call now we have to pay impound fees.

So let somebody use car to go to store. It went through a roadblock and got arrested. Now we have to pay for four days because it was on New Year’s weekend. Cops never called register owner. How did they know the car wasn’t stolen why should we have to pay

T. Augustus Claus
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answered on Jan 2, 2024

Typically, law enforcement should notify the registered owner in such situations. To address this issue, you may want to gather relevant details, such as proof of ownership and the circumstances surrounding the incident, and contact the impound lot or local law enforcement. In some cases, there... View More

1 Answer | Asked in Contracts and Civil Litigation for South Carolina on
Q: Can a third party monitoring service change the daily and bi-weekly rate at each scheduled appointment?

When enrolled in the program my partner was given a daily fee of $7.55 or $52.85 weekly or $105.70 bi-weekly. And he's in a program that is for Greenville and Spartanburg county residents only. But he's a Berkeley county resident. He's now paying up to $200 bi-weekly. They do not... View More

Roy Willey
Roy Willey
answered on Jan 2, 2024

This would be dependent upon the actual agreement or contract he signed. Some contracts allow for variations in pricing due to market conditions, etc. Some do not. So it just depends what he signed and agreed to at the time of initiation of the relationship. He may also have a cancellation... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for South Carolina on
Q: How would a suspect fleeing on foot while armed or presenting to be armed effect TN V Garner?

If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the context of Tennessee v. Garner, the situation where a suspect is fleeing while armed or appears to be armed is complex. Tennessee v. Garner established that the use of deadly force to prevent the escape of a fleeing suspect is constitutionally permissible only if the officer has probable... View More

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2 Answers | Asked in Bankruptcy for South Carolina on
Q: Will I be able to file for bankruptcy if SSA gave me backpay that was enough to pay off my debts?

Other than that, I don't make much money because I'm on disability benefits and I don't have any assets like a car anything substantial. The money I got from backpay would be used to cover bills and just my overall cost of living.

T. Augustus Claus
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answered on Jan 1, 2024

In South Carolina, your ability to file for bankruptcy may be influenced by various factors, including your current financial situation and the source of your income. If the backpay you received from the Social Security Administration (SSA) is sufficient to pay off your debts, it might impact your... View More

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2 Answers | Asked in Bankruptcy for South Carolina on
Q: Will I be able to file for bankruptcy if SSA gave me backpay that was enough to pay off my debts?

Other than that, I don't make much money because I'm on disability benefits and I don't have any assets like a car anything substantial. The money I got from backpay would be used to cover bills and just my overall cost of living.

James L. Arrasmith
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answered on Jan 3, 2024

In considering whether to file for bankruptcy in South Carolina, given your current financial situation with the SSA backpay, several factors come into play. The ability to file for bankruptcy is not solely determined by your current cash assets or income level, but also by your overall financial... View More

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1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Is it true that in South Carolina the maximum award on vehicular- pedestrian collision is the limit of the ins policy?

As I was crossing the street, a woman ran into me causing serious injuries.

Roy Willey
Roy Willey
answered on Dec 29, 2023

No, that is not always the case. There are several factors to take into account outside of the actual bodily injury aspects of the policy, which sometimes get overlooked. Some of those include:

1.) Property damage coverage for punitives if punitive conduct can be shown;

2.) Assets...
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2 Answers | Asked in Federal Crimes and Criminal Law for South Carolina on
Q: I was charged for lottery fraud. What are the chances of me not going to jail
James L. Arrasmith
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answered on Jan 13, 2024

The likelihood of you not going to jail for a charge of lottery fraud in South Carolina depends on various factors, including the specific details of your case, the strength of the evidence against you, and the effectiveness of your legal defense.

It's important to consult with an...
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2 Answers | Asked in Federal Crimes and Criminal Law for South Carolina on
Q: I was charged for lottery fraud. What are the chances of me not going to jail
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answered on Dec 27, 2023

If you've been charged with lottery fraud in South Carolina, the likelihood of avoiding jail time depends on various factors, including the specific details of your case, evidence, and the strength of your defense. Lottery fraud is a serious offense, and penalties can range from fines to... View More

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1 Answer | Asked in Civil Litigation, Business Law and Libel & Slander for South Carolina on
Q: I have an issue regarding an Instagram account using my business logo to say damning things about myself

It is not only harmful to my business but the account is putting me in potential physical danager.. I am happy to share more details in private. My question is can I draft some form of letter explaining the danger they're putting me in and have them remove the post?

Roy Willey
Roy Willey
answered on Dec 26, 2023

Yes, you could send them a cease and desist letter. The issue with that is you don’t really know who they are and it’s likely to be ineffective. If you sued you could get more info about them via discovery with instagram to potentially find out who they are. But you will likely need a lawyer... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: What can you do if a restaurant keeps your card and swears they dont have it?

I went to Marco's Pizza in Sumter SC on Monday, December 18. The transaction number is 118678940. The cashier’s name on my receipt is Jay’onah. I paid with my Bank of America debit card. That was the last time I saw it. The cashier never gave me my card back.

After receiving... View More

James L. Arrasmith
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answered on Dec 25, 2023

If a restaurant like Marco's Pizza in Sumter, SC, claims not to have your card after a transaction, it's crucial to take several steps to address the situation. First, keep records of the transaction, including the date, time, transaction number (as you've mentioned), and any... View More

Q: Is South Carolina state statute 16-11-620 appealable?

I was issued a trespass after notice form, even though I have not been on the properties in question for years (ome is a busimess we own 10% of, isnt this a civil rights issue to not allow me i.to a public place since I have never caused any type of trouble, etc?) and never did anything at their... View More

James L. Arrasmith
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answered on Dec 24, 2023

South Carolina State Statute 16-11-620, which pertains to trespassing after notice, can be subject to appeal under certain circumstances. If you believe the trespass notice was issued wrongly or violates your rights, particularly if it involves a property in which you have a legal interest, you may... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for South Carolina on
Q: What can I do if my old trucking company is being falsely accused in a wrongful death lawsuit?

We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days... View More

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2023

A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be... View More

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