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South Carolina Questions & Answers
2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: My home was foreclosed in South Carolina and sold at Auction. Was told if home not paid in full yet, a ch.13 could save?

Is that true? And South Carolina does not offer individual with no attorney e-file for skeleton or any bankruptcy. Could I submit in a state that does, due to the urgency, but use my current states exemptions?

Martha Warriner Jarrett
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answered on Nov 10, 2023

You should talk to a bankruptcy attorney in your area as the laws affecting real estate differ from state to state. If your home has already been foreclosed, you should do so immediately, although it may already be too late. You can file an emergency chapter 13 but you should talk to an attorney... View More

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2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: My home was foreclosed in South Carolina and sold at Auction. Was told if home not paid in full yet, a ch.13 could save?

Is that true? And South Carolina does not offer individual with no attorney e-file for skeleton or any bankruptcy. Could I submit in a state that does, due to the urgency, but use my current states exemptions?

James L. Arrasmith
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answered on Nov 10, 2023

In a foreclosure situation like yours in South Carolina, filing for Chapter 13 bankruptcy can potentially help. This type of bankruptcy allows for a reorganization of debts and could enable you to catch up on missed mortgage payments over time.

However, it's important to file before...
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1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can a non-profit HOA in South Carolina have a fundraiser that involves people outside the HOA community?
James L. Arrasmith
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answered on Nov 9, 2023

Yes, a non-profit homeowners association (HOA) in South Carolina can typically hold a fundraiser that includes individuals outside of the HOA community.

It is important to ensure that the fundraiser complies with the HOA's governing documents, state laws, and any local ordinances....
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1 Answer | Asked in Civil Litigation and Criminal Law for South Carolina on
Q: Could someone press charges for sending them pictures by mail

In bad judgement I sent over 200 pictures through the mail to my fiancés ex wife after she sent me every date that they’d been together and what they were doing together. Some of the pictures were screenshots of texts, us with our kids, pictures of us together and one of the pictures I had on... View More

James L. Arrasmith
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answered on Nov 9, 2023

It's important to understand that mailing photographs, even in large quantities, isn't typically a criminal act unless the content is illegal, such as explicit material intended for adults. However, sending a suggestive image where a minor could view it may raise legal concerns. The... View More

2 Answers | Asked in Education Law, Personal Injury and Juvenile Law for South Carolina on
Q: My son was jumped by 6 students and the school has done nothing. I want to sue for failure to provide a safe environment

The school has know about the situation for three weeks but have done nothing. They don’t believe my child was jumped but has also failed to provide the surveillance footage of the attack. They told me one child came forward and said he hit my child too hard. The school expects my child to... View More

James L. Arrasmith
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answered on Nov 9, 2023

As a parent, it's distressing to hear that your child's safety is at risk. If the school is not addressing your concerns adequately, you might consider taking legal action. Schools have a duty to provide a safe environment for students.

You can request the surveillance footage...
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1 Answer | Asked in Constitutional Law for South Carolina on
Q: Conflict of interest between Lawyer and client

Lawyer representing client in 2018 for her divorce the lawyer is a senator as well. The client comes back after opening a nonprofit asking The now senator that was her attorney in 2018 to sign off on a distribution contribution of $250,000. From the leftover anFrom the leftover money that the... View More

James L. Arrasmith
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answered on Nov 5, 2023

In this scenario, the dual roles of the attorney as a senator and a practicing lawyer raise potential concerns about a conflict of interest. As a former attorney for the client, and now a public official, the lawyer must be cautious to avoid any actions that could appear to be preferential or... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Is it illegal for the police to come an take pictures of my car and always watching g an following my car
James L. Arrasmith
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answered on Nov 5, 2023

It's important to understand that law enforcement officials have certain legal parameters they must operate within. Taking pictures of your car and surveillance in general can be lawful if it's part of a legitimate investigation and they have a reasonable suspicion of criminal activity.... View More

1 Answer | Asked in Estate Planning for South Carolina on
Q: How does a life estate deed work? Who puts the deed in the reminders name when life tenant dies

2011 my father passed away 2 properties left to me in a life estate. mother lived there until 2015. I moved there 2015. the property taxes were behind. tax office told me I had to pay back taxes before I could put deed in my name couldn't afford to pay the back taxes ($8000 for 2015 &... View More

Anthony M. Avery
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answered on Nov 2, 2023

Property Taxes have nothing to do with the Title. Apparently you need to hire an attorney to search the title and determine record ownership. Usually the grantor makes one Deed conveying life estate(s) to someone, then either conveys a remainder estate to someone or retains it himself. There... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is my responsibility as soon as I register? Go to the jail, court?
T. Augustus Claus
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answered on Oct 30, 2023

Once you register as a sex offender in South Carolina, you must immediately notify the sheriff of any changes to your address, employment, or vehicle information. You must also notify the sheriff if you leave South Carolina for over 30 days.

You do not need to go to the jail or court...
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2 Answers | Asked in Real Estate Law for South Carolina on
Q: At what point can I get my key for a purchased property
T. Augustus Claus
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answered on Oct 24, 2023

The point at which you can receive the key for a property you've purchased can vary depending on the terms of the real estate transaction, the specific agreement you have with the seller, and any applicable local laws. Generally, key handover typically occurs at the closing of the real estate... View More

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1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: i am a tenant in south Carolina with a 12 month lease. the landlord is selling the property.

would he have to honor the lease or end it?

T. Augustus Claus
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answered on Oct 23, 2023

In South Carolina, when a property is sold, the lease agreement typically remains in effect. The new owner, who acquires the property, becomes the new landlord and is typically obligated to honor the terms of the existing lease. This means that your lease should generally remain valid and... View More

1 Answer | Asked in Family Law, Real Estate Law, Estate Planning and Probate for South Carolina on
Q: Hi,my husband had taken out td fit loan almost 2 yrs. ago unfortunately he passed in Dec.72022. His name only am I respo

Went to probate then to bank said I may have to pay off.

T. Augustus Claus
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answered on Oct 18, 2023

In South Carolina, when a person passes away, their debts are typically paid from their estate, which includes their assets and property. If your late husband had a TD Fit Loan in his name only, it would typically be considered his individual debt, and the responsibility for paying it off would... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for South Carolina on
Q: What can a parent do when school, and all child’s doctors, specialists, are in violation and won’t comply with the law?

Child with disabilities. Children’s hospital where all specialists are and child’s other doctors as well as school are alienating other parents and won’t comply with parents rights nor the law in SC

James L. Arrasmith
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answered on Oct 15, 2023

In cases where a child with disabilities is involved, federal and state laws provide various rights and protections for the child and the parents. If a school or medical professionals are not complying with the law, the parent has several potential avenues for recourse. They can file a complaint... View More

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1 Answer | Asked in Social Security for South Carolina on
Q: How do I stop my husband from spending his children's money?

My husband gets SSDI and our children gets money from his disability. Is there a way to keep him from spending their money since he is on the account he set up for them?

James L. Arrasmith
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answered on Oct 15, 2023

Certainly. If the money your children receive is from SSDI, it's intended for their care and support. If you believe your husband is misusing these funds, there are steps you can consider:

1. Document the misuse: Gather evidence showing the inappropriate spending or diversion of funds....
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1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for South Carolina on
Q: My storage unit was broken into through the inside,the unit next to mine was rented and they broke the walls.

The property manager said the cameras weren’t working at the time of the robbery but the district manager said they do work they need the monitors fixed. I haven’t received any updates or anything from the public storage. They haven’t fixed the walls that were damaged in the unit either.... View More

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

You should make a claim on your insurance for the value of the stolen items. Your insurance company will be subrogated to any lawsuit you may file. If the thieves are identified, you likely have a very good lawsuit against them, but they may not have any non-exempt assets to satisfy any judgment... View More

2 Answers | Asked in Immigration Law for South Carolina on
Q: Which is quicker to bring my spouse to the Unites States? k1 spousal visa or marrying abroad?

I am engaged to someone who lives in Dominican Republic. We are planning to get married and then applying for the spousal visa but i heard that it will be a much longer process if we go that route opposed to the K1 90 day fiancé visa?

James L. Arrasmith
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answered on Oct 22, 2023

The K-1 fiancé(e) visa typically allows a foreign fiancé(e) to enter the U.S. faster than the spousal visa process would if you marry abroad. The K-1 visa is designed for U.S. citizens to bring their foreign fiancé(e) to the U.S. for marriage within 90 days of arrival. Following the marriage,... View More

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1 Answer | Asked in Estate Planning for South Carolina on
Q: I want to change my POA to a different person. I have a trust

can i just scrap the original trust and do a simple will?

T. Augustus Claus
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answered on Oct 2, 2023

You can amend your trust or revoke the existing Power of Attorney and draft a new one without necessarily scrapping your original trust. Depending on your goals, you might not have to do away with the trust entirely to change your POA.

1 Answer | 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.

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

A South Carolina attorney could advise best, but your question remains open for a week. You usually pursue the person, unless there are additional details involving the insurance company. Their insurance company enters the picture in terms of defending them. Most attorneys offer free initial... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for South Carolina on
Q: Is it legal for a property manager to make me re-sign a lease one month in because of their mistake?

In the original lease I obviously allotted for a certain amount. I go to check to pay my first month and now there is an additional payment each month for something called the renters package which essentially is renters insurance. They are saying that it is required, and there is no opting out... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

It is certainly legal for the landlord to ask but you are under no legal obligation to agree.

The lease that you and your landlord signed is a valid contract that is binding on both parties. If the lease does not require renter’s insurance, you are not required to buy renter’s...
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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

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