South Carolina Recent Legal Answers from Lawyers

It can't.  It seems likely that the creditor claims to have served you with a summons, and obtained a default judgment against you when you didn't appear.  If you weren't served, you should immediated move to vacate the judgment and also obtain a restraining order against any further collection efforts until your motion to vacate is decided.... Read More

Whether your husband can return to the US after 20 years depends upon the ground of deportation. I would suggest that you consult with an immigration lawyer bringing him or her the entire file so that he or she can make an effective examination and opinion. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Injuries from assault and issues regarding that arise within the work can give rise to assault cases against the perpetrator, cases against the employer, and potential workers compensation action.  Specific details of any assault, past history of the perpetrato, and workplace training and policies all should be reviewed.  Spefically, a civil suit for assault and battery against the perpetrator, and various causes of action against the employer may exist.... Read More

An entire body of law exists to determine the State that has jurisdiction to determine a custody action.  You should consult with an attorney in South Carolina and North Carolina to explore jurisdiction issues, and explore which States' law will apply at differing levels/steps in case.... Read More

Law enforcement officer's have various protections from libel, slander or defamation actions while carrying out their investigative duties and creating incident reports.  When a law enforcement officer makes statements to third parties outside of the realm of department procedures, questions of libel, slander and defamation may exist.  Law enforcement officers are barred by Federal Law from acting with their position of authority to violate a persons rights. Christopher P. Biering, Esquire www.bieringlaw.com... Read More

Poor jail conditions present multiple possible causes of action from civil rights to personal injury type causes of action.   Conditions that have caused health problems or are certain to cause health conditions are usually actionable.    Many lawsuits have been filed by inmates across the country complaining of frivolous matters.   The first hurdle in these type of cases is separating your lawsuit from those that have little merit or meaning.      Christopher P. Biering www.bieringlaw.com... Read More

Probation is a possible sentencing option for Habitual Offender.  A Habitual Offender conviction is classified as a "felony."  Because it is based in traffic offenses, I have seen many people under estimate the impact of the conviction.   Habitual Offender charges are technical in nature with time period of offenses and the offenses charged.  The sanctions imposed administratively by the SCDMV are separate and apart from the criminal process. Christopher P. Biering www.bieringlaw.com... Read More

Marriages continue until a Divorce Decree is entered, or the marriage is annulled.  A person may seek a divorce in South Carolina from a non-resident.  The residency requirement is for the Plaintiff.   § 20-3-30, of the S.C. Code of Laws provides: In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action. The terms 'residents' or 'resided' as used in this section as it applies to a plaintiff or defendant stationed in this State on active duty military service means a continuous presence in this State for the period required regardless of intent to permanently remain in South Carolina.    Christopher P. Biering bieringlaw.com... Read More

A detailed review of the QDRO, the divorce decree, the pension plan, and any elections made by employee prior to entry of the QDRO would be required to provide any definitive information on this topic.  Pension plans are contracts between the employee and employer.  Consider the following... The QDRO cannot require more from the employer than is provided for in the contract between employee and employer.  In addition  The QDRO re-directs, re-distributes, or apportions payment to the non-employee spouse while placing the non-employee spouse in the shoes of the employee from a tax standpoint. The QDRO may not have been "implemented" correctly by plan. The employee may have made elections for survivor benefits prior to the entry of the QDRO that could not be amended. Errors in drafting, implementation, or distribution could exist. Again, a detailed review of the QDRO, divorce decree, the pension plan, and any elections made by employee prior to entry of the QDRO would be required to provide any definitive information on this topic.   Christopher P. Biering bieringlaw.com... Read More

Father's of children born out of wedlock need a Family Court Order to determine paternity and define their rights relating to their child/children.   §63-17-20(b), S.C. Code of Laws provides: (B) Unless the court orders otherwise, the custody of an illegitimate child is solely in the natural mother unless the mother has relinquished her rights to the child. If paternity has been acknowledged or adjudicated, the father may petition the court for rights of visitation or custody in a proceeding before the court apart from an action to establish paternity. Proceedings to establish paternity, and define visitation or custody can be handled rather quickly.  In my experience, many parties have no factual dispute about paternity, but use the lack of court order defining paternity as a shield for the father's rights. Emergency proceedings are available in Family Court to address immediate issues.  Judges have the discretion to grant hearings on short notice.  Medical issues and procedures could be presented as a basis for emergency relief. Christopher P. Biering bieringlaw.com... Read More

  Injuries that occur in the workplace normally are addressed solely through the workers compensation system.  Certain injuries give rise to third party claims.  A Worker can receive workers compensation benefits, and have a right to bring a civil action against an at fault third party. Christopher P. Biering bieringlaw.com  ... Read More

     Family Court cases in South Carolina are typically initiated with the filing of a Summons, Complaint, and Notice of Motion and Motion for Temporary Relief.  These filings present one certain deadline, and possibly a court date.  The certain deadline relates to the Summons.  A summons instructs the recepient to answer the allegations of the complaint within 30 days of service.  See generally, Family Court Rule regarding answering complaint & Civil Court Rule that applies, in part, to Family Court Actions.      The possible court date that may be included with the initial filing is a Temporary Hearing notice.  See generally, Family Court Rule regarding Temporary Hearings, Family Court Rule regarding Financial Declarations, and South Carolina Supreme Court Order with additional rules for Temporary Hearings.      The assistance of a skilled family court attorney should be sought.  If a party is unable to obtain an attorney before the Temporary Hearing, the Judge may consider continuing the hearing for a short period to allow a party to retain counsel.  A continuance should not be expected. Christopher P. Biering BieringLawFirm.com... Read More

It is something that you need to discuss with your bankruptcy attorney. It gets worse. If you inherit during a Chapter 13, the inheritance becomes property of the estate. If the house is sold and you get money, it probably needs to go to the trustee. You have a complex situation and need to consult with counsel before doing anything.... Read More

Good morning. Asking legal questions like this is like going to a medical website and asking about reoccurring headaches. It might be a headache that aspirin can handle, or it could be a brain tumor requiring surgery. Pay an experienced BK lawyer for 90 minutes of their time so they can review your entire CH13 BK file with you, and discuss options. Now is not the time to be penny wise and pound foolish.... Read More

This may or may not be a IV Amendment seaarch or seizure issue.  You would be well advised to retain a criminal defense attorney. This answer neither constitutes legal advice nor creates a lawyer/client relationship Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

This is not a site for lawyer referrals.  The best lawyer is the one who most thoroughly investigates the evidence in your case and prepares for your trial thoroughly. This answer neither constitutes legal advice nor creates a lawyer/client relationship Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More