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South Carolina Questions & Answers
1 Answer | Asked in Employment Law for South Carolina on
Q: I filed a health complaint with hr. When my boss found out he fired me the next day. Is this legal? Can I sue?

At my There was a bad black mold problem.

I believe it put me in the emergency room.

So I filed a complaint with hr. After 8 months of telling my manager& nothing was done, I called h r. And they told me to file an osha report because people have been known to die from black... View More

T. Augustus Claus
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answered on Nov 22, 2023

It sounds like you may have been the victim of retaliation. Retaliation is when an employer takes adverse action against an employee for engaging in protected activity. In this case, the protected activity would include filing a complaint about a health and safety hazard.

In South Carolina,...
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1 Answer | Asked in Tax Law for South Carolina on
Q: If my property was sold at an auction this month due to delinquent taxes, do I have to move out right now?
James L. Arrasmith
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answered on Nov 19, 2023

In cases where your property has been sold at an auction due to delinquent taxes, the immediate need to move out isn't always a given. The specific rules and timelines can vary based on local laws and the terms of the tax sale. Generally, there is a redemption period after the sale during... View More

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for South Carolina on
Q: An ex of my husbands made a false CPS claim

When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report

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answered on Nov 18, 2023

If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: Can a deputy sheriff in SC conduct a vehicle search on a non-county maintained (private/blue street sign) road?

Search was conducted during a routine traffic stop for a broken taillight observed on main highway but not stopped until on the private dirt road. K-9 unit was brought on scene and "alerted" as their reasoning for conducting the search. But were they legally even allowed to bring in the... View More

James L. Arrasmith
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answered on Nov 18, 2023

In South Carolina, the authority of a deputy sheriff to conduct a vehicle search does not necessarily change based on whether the road is county-maintained or private. The legality of the search typically hinges on whether the officer had probable cause or the driver's consent, rather than the... View More

1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: My aunt sold all my property in storage while I was in prison for two years. Over $100k. What do I do?

I knew I was facing prison time so I left my Aunt in charge of everything. While I was incarcerated she paid $5k for a lawyer for me and then got mad because I didnt pay her back. I went to prison and could not pay her while in prison. She then sold all my belongings without my permission or... View More

James L. Arrasmith
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answered on Nov 17, 2023

In your situation, it appears that your aunt may have sold your property without legal authority or your consent. This could potentially be a case of conversion, which is the unauthorized taking or selling of someone else’s property.

Firstly, gather all relevant documentation, such as...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: Does a warrant have to be served once you are in police custody or are they allowed to release you and serve it later.

City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me... View More

James L. Arrasmith
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answered on Nov 17, 2023

In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In... View More

1 Answer | Asked in Criminal Law, Divorce, Child Custody, Domestic Violence and Family Law for South Carolina on
Q: My girlfriend and her ex husband live together with their 3 kids in SC. She told him she was seeing someone.

He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.

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answered on Nov 13, 2023

In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More

1 Answer | Asked in Trademark for South Carolina on
Q: With trademarks and family history name used for museum and the wont let family to have access

My rights

James L. Arrasmith
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answered on Nov 24, 2024

Your situation regarding family history and trademarks in museums is quite complex and touches on both intellectual property and cultural heritage rights.

If your family name and historical artifacts are being used by the museum without proper authorization or agreement, you should first...
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1 Answer | Asked in Arbitration / Mediation Law, Insurance Bad Faith and Small Claims for South Carolina on
Q: How can I compel a car insurance company to send proof of valid insurance policy directly to a state?

This issue arose when I was on my parent's car insurance as a teen. I learned four months ago that my license is suspended in two states I used to live in. My father has been asking the car insurance company to send the proof of insurance from 2019 for four months. Each time they say they are... View More

Roy Willey
Roy Willey
answered on Nov 20, 2024

Yes, SC Department of Insurance has a consumer complaint department they may be helpful to you.

https://www.doi.sc.gov/8/Consumers

1 Answer | Asked in Personal Injury for South Carolina on
Q: Hit and run, the cops have done nothing despite being given plate# and VIN and 3 witnesses information. What can I do?

We were victims of a hit and run while on our motorcycle in March in Augusta GA. The cops have done nothing, and in fact didn't even record the witness information (we have 1 name nothing more and there were 3 witnesses), have done NOTHING to try and help find who hit us, and we have over... View More

Roy Willey
Roy Willey
answered on Nov 19, 2024

You need to consult with an experience personal injury attorney. We offer free consultations. The police will never help you collect from the person that hit you or their insurance, they are only there to hold people criminally accountable. I have handled cases where the police never found the hit... View More

2 Answers | Asked in Civil Rights and Probate for South Carolina on
Q: Can a attorney settle and disburse a 6 million dollar settlement without a judge?
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answered on Nov 9, 2024

Yes if all parties agree. This happens alot without first filing a suit.

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1 Answer | Asked in Elder Law and Probate for South Carolina on
Q: Who or where can someone get help with a scam that is presently ongoing?

The victim is in the early stages of frontal temporal dementia and has been scammed out of over $100,000 and now in the mist of another scam and is around $100,000 but his family cannot find someone to help.

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answered on Nov 8, 2024

Family needs to call law enforcement now. Then a Conservatorship is filed. Ward needs an attorney.

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: I have assumed the paying of taxes on a property by request of my mom before her death, how do I transfer ownership

My mom had been doing the same. She was managing the tax payments for the property which belongs to my deceased grandmother. Its only 5 acres of land, nothing on it. I live in NC, property is in SC. Grandma lived and died in FL, my mom last lived and died in NC.

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answered on Nov 5, 2024

I would hire a NC attorney to determine heirship, then file an Affidavit of Heirship in SC. But Grandmother's death in FL might complicate the heirship equation, and demand research on FL intestate succession. The

A of H will be the owners' source of title of record.

3 Answers | Asked in Copyright, Personal Injury, Real Estate Law and Civil Litigation for South Carolina on
Q: A museum was made from my grandfather house and name into a museum. They won't his family access

They refuse to believe me and and his property was stolen

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answered on Nov 1, 2024

You might hire a SC attorney to search the title. Then possibly file an Ejectment or Action to Recover Personal Property by his heirs/next of kin.

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1 Answer | Asked in Military Law and Employment Law for South Carolina on
Q: Can an employer question you about military discharge, can they receive military documentation without requesting

a wavier to receive records of military charges other than the original signature to conduct a background check?

James L. Arrasmith
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answered on Oct 31, 2024

Employers are allowed to ask about your military discharge status as part of the hiring process. However, they should refrain from delving into the specific reasons behind your discharge unless it directly relates to the job you're applying for. It's important to understand your rights in... View More

1 Answer | Asked in Civil Rights for South Carolina on
Q: Isn't that freedom of speech and not disorderly conduct. That's a violation of my rights. I was falsely accused of doing
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answered on Oct 26, 2024

I can see that you're feeling that your rights have been infringed upon, and that must be incredibly frustrating. Being falsely accused of disorderly conduct when you believe you were exercising your freedom of speech is a serious concern.

It might help to document everything that...
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1 Answer | Asked in Uncategorized for South Carolina on
Q: Hi, got married to American citizen on aug3,2022 but my divorce decree dated. 28 th October 2022.

Can we get married again ...will there be any legal issues.my husband is a bit concerned .kindly advice.We had been together since may 2022.my divorce decree was from india.was married to Indian first ..whilst I was here I met my current husband.

James L. Arrasmith
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answered on Oct 25, 2024

It's important to ensure that your previous marriage is fully dissolved before entering into a new one. Since your divorce decree from India was dated after your marriage to your American husband, there might be complications regarding the legality of your first marriage at the time you... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Tax Law and Contracts for South Carolina on
Q: Is a temporary refundable surety tax insurance policy legit?

I own a cleaning business and a contractor wants me to do some work but before the give me access to properties they said I had to pay for the temporary refundable surety tax insurance. They said they wouldn't accept the business insurance I have

James L. Arrasmith
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answered on Oct 22, 2024

It’s wise to approach this situation with caution. Temporary refundable surety tax insurance isn’t a common requirement in standard business practices. Legitimate contractors typically rely on standard insurance policies to ensure coverage and compliance.

Paying for an unfamiliar...
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1 Answer | Asked in Uncategorized for South Carolina on
Q: My parents took my iphone that was given to me as a gift from a friend and they wont give it back what should I do?
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answered on Oct 17, 2024

I'm sorry you're experiencing this situation. It's important to approach your parents calmly and express how you feel about your iPhone being taken.

Start by having an open and honest conversation with them. Explain that the phone was a gift from a friend and why it's...
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1 Answer | Asked in Uncategorized for South Carolina on
Q: Is a marriage legal if the social security number used on the marriage license was not his?
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answered on Oct 16, 2024

Using an incorrect Social Security number on your marriage license can affect the legality of your marriage. Accurate information is essential when filing legal documents, and discrepancies may lead to questions about the validity of the marriage.

If the wrong number was used by mistake,...
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