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C Steven Moskos

C Moskos’s Answers

717 total


  • My wife and I want an uncontested divorce in South Carolina. Do we both need to get lawyers or can this be done with mediator

    We know we have to do a separation agreement first, but is it possible to just sit down with just one lawyer or mediator and write up the needed paperwork regarding finances, debts, assets and distribution of properties.

    C’s Answer

    In the legal process, you should always have a lawyer. I know that sounds cliche but it is true. Remember, just because you have an attorney does not mean you have to get ugly in a legal fight. You need to find lawyers who understand what you are trying to accomplish and will work with you to a resolution instead of trying to stir up trouble just to fight about things. Of course, everything starts with you and your wife. Can you resolve the issues by talking about them? Obviously, the more consensus you have the better. As far as a mediator goes, you have to understand the function of a mediator. He/she is there to help people talk to each other, not to resolve the dispute. He/she is not supposed to render any legal advice. He/she may make suggestions on how to structure what you want but only your lawyer should be giving you advice. There are many mediators out there. Some are lawyers, some are not. Some are certified, some are not.

    Some people think they can get one lawyer and get everything done for less. The problem is that the lawyer has a duty to his or her client to do what is in the other person's best interest. Therefore, while you and your wife may agree to hire one lawyer, that lawyer should be and probably will be advising the party he/she represents how to get the best deal out of the family court. The other party is likely to feel cheated creating hard feelings. If the other person feels he/she is being taken advantage of, he/she may get a lawyer and then the fight begins.

    You can resolve the issues on a friendly basis. I just don't want you to be penny wise and pound foolish. Good luck.

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  • Can I be charged for check fraud by not paying an online payday loan?

    i never have applied to this place for a loan, one day after viewing my checking account I noticed three hundred dollars from Hydra Financial. In researching online it was a scam and immediately contacted my bank and withdrew the money to send bac...

    C’s Answer

    I agree that the conduct you have mentioned sounds like a violation of the Federal Fair Debt Collection Practices Act. The question is whether you can collect money from these people. If you did not take out a loan and the people calling will not give you any information on their location, you can report them to the Attorney General's office or to the Federal Trade Commission. Take a look here. http://www.consumer.ftc.gov/articles/0149-debt-collection . At the bottom of the page is a link to the FTC complaint page.

    If you did take out a loan, you need to request validation of the debt. Failure to send you that information is a violation of the FDCPA also. If they are violating the FDCPA in one respect, they are probably doing it in many others. If it keeps up, seek help from an attorney. Good luck.

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  • What is the udap law states in south carolina

    The mechanic that has my car will not return it until I pay for unauthorized repairs on my car. He did not inform me of any new findings that my car needed. I have a signed statement of what I needed done with the amount of money given. He will no...

    C’s Answer

    You are dealing with two competing statutes. The Unfair Trade Practices Act is found at SC Code SECTION 39-5-10. http://www.scstatehouse.gov/code/t39c005.php While it may be unfair or deceptive for the mechanic to do additional work on your car, you may have to pay him to get the car back and then sue him. Under what was called the Repairman's Lien statute http://www.scstatehouse.gov/code/t29c015.php, a mechanic who worked on your car under a contract did not have to return the car to you until you paid. Thus, mechanics can squeeze people for money. Then the burden is on the consumer to try to get his money back. If the disputed amount is under $7500, you can go to small claims court. You will still need to present proof that the mechanic acted unfairly by not fixing the car correctly. You will need witnesses and possibly another mechanic. Written statements will not be enough.

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  • I got a call saying i owed a payday loan and i was going to jail they demanded my credit card info and said i was in trouble

    this was back in 2008 when my husband passed away why did they wait all this time im scared and dont know what to do i thought i cleared all this up the caller said he was investigator ace rodgers the number they gave was 248-579-0350 ext106 i mea...

    C’s Answer

    What may be going on is that a company your wrote a check to sold your debt to another company for a few pennies on the dollar. Now they are trying to collect money. Under the Fair Debt Collection Practices Act, the new owner of the debt has to send you certain information. They cannot harass you and they cannot lie to you. Telling you they are going to put you in jail would probably be a violation of the act. It also sounds like they are trying to use words like "investigator" to scare you. You need to ask them to send you proof of the debt. Ask for the contracts with your signature and a payment history. Ask them to send everything in writing so you will understand what is happening. Chances are they cannot produce that information. If they persist in demanding payment, you need to see an attorney about your rights.

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  • I was sold a dangerous vehicle from a used car dealership. Back break line was cut, was told no problem w/car. do I have a case?

    I recently bought a Mini Van from a used car dealership, I was told there were NO major problems. Only the windshield was cracked and I needed new tires. So I had this done and also some routine maintenance. While I was having the oil changed the ...

    C’s Answer

    It depends on what you are trying to accomplish. If you want to have the van repaired, you could sue for a breach of contract and make a claim for the cost of the repair. You could keep the van and sue for fraud if you could prove that the dealer made false representations of important facts that it knew or should have known was false, you did not know it was false, the dealer intended for you to rely on those representations, you did rely on the representations, you were justified in relying on those representations and as a result of relying you were hurt. If you want to give the van back, you could sue for fraud and ask for your money back. This is a very complicated area and you need to make some decisions early on. The information above very general. To know what your rights are and what is the best way to proceed, you need to contact a lawyer, have all of your paperwork together, write down the list of your witnesses and what these people will testify to. You could also write out the false statements made by the dealers representatives and when they were made. Good luck.

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  • Is there a lemon law in South Carolina on equipment such as a mini excavator?

    2013 Bob Cat Mini Excavator

    C’s Answer

    • Selected as best answer

    The SC Lemon Law applies to new vehicles that are normally used for personal, family or household purposes. Thus, an excavator will not be covered. SC does have laws under the Uniform Commercial Code that apply, however, they do not provide for attorney's fees. Those would be the client's responsibility.

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  • Someone has a warrant out but they are scared to turn in. found out that there is a seal inditment for them. what's the worst???

    Seal indictment for drugs and pre meds

    C’s Answer

    Your question is vague. No one knows "what the worst" is because we don't know what kind of charge is being made against the other person or any of the large number of facts that go into this kind of analysis. Your friend should probably talk to a criminal attorney who may be able to find out more for this person and navigate that person through the system. If the person turns himself/herself in without a lawyer, that person may say something wrong and wind up in big trouble.

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  • Is the second marriage considered legal?

    I have a colleague who had a common law marriage with a second wife while he was still married to the first one. The second wife was aware that he was still married. Three years later she got pregnant then my colleague filed to divorce his first...

    C’s Answer

    I agree with Mr. Wilson. Your colleague was not married to his second wife until he divorced his first wife. The 2nd marriage is legal but only from the time after the divorce, probably not until after the marriage license was obtained and the ceremony performed.

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  • Can a person in South Carolina file a subpoena for personnel records after being fired without cause without using an attorney?

    I left my previous job to work for a new company and in 4 months was terminated and am now unemployed. Company will not give me copy of my personnel file and said I need to subpoena them. Do I have grounds for a lawsuit when no specific details ...

    C’s Answer

    • Selected as best answer

    You have asked 2 questions. First, do you have a lawsuit? You will need to sit down with an employment lawyer and go over the facts. Each case is different and all the facts need to be known before bringing a suit. Second, an non lawyer can not sign a subpoena. A subpoena is a court order directing someone to produce documents or to show up at a deposition or trial. A subpoena can only be issued after a lawsuit has been filed. Either a lawyer or a judge has to sign the subpoena requiring another person to produce documents or show up at a deposition or trial.

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  • We own the deed to a lot which we built a house on using my mothers money. She now needs her money and want us to transfer the

    deed to her trust. What will we be responsible for if we do that? we have never owned the house just the property.

    C’s Answer

    First, you own the lot. The deed is simply proof that you own the land. Second, if you built a house on the lot, you own the house too. Even if someone else paid for the building of the house, you should own it as it has been attached to your property. Third, the scenario you describe does not make sense. Real estate is not liquid. You have to sell it to get money. If you transfer the deed to your mother, she still will not have any money. She will have to sell the property. If you transfer the property to her, she can do with it as she wants. That means you will have to leave the property if she sells it. You have not said whether there is a mortgage on the property. If so and you sell the property to your mom or her trust, the bank loan will still need to be paid off. You have not said how much you owe your mom or whether it has been reduced to writing. If she desperately needs her money, you may want to go to the bank, get a loan and pay her what she is owed. You may want to sit down with an attorney so you can go into more details about this matter. Otherwise, you could be out of the house with nothing to show for it.

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