Skip to main content
James D. Mosteller III

James Mosteller’s Answers

526 total


  • Were my due process rights violated by Family Court?

    I had court on a rule to show cause yesterday (8/27/15) here in an upstate South Carolina for child support. The rule was sent to the local sheriffs office for service and they never served me or any household member. I didn't know about court un...

    James’s Answer

    • Selected as best answer

    You should get legal counsel right away. Depending on circumstances you should be able to get the bench warrant quashed.

    See question 
  • Can/Should I be convicted and license suspended for the same charge that I successfully completed Pre-Trial Intervention for?

    I was charged with DUS on 07/14/14. I was put into a Pre-trial Intervention (PTI) program by the court's judicial solicitors office for this charge. I started PTI in 01/15, and successfully completed PTI in 04/15 where I recieved confirmation that...

    James’s Answer

    You should get copies of the paperwork to your attorney immediately if you had one. If not, then the order of dismissal, and expungement should be sent or delivered to DMV to start the process of them fixing the error.

    See question 
  • Tell me if this is true, ex spouse snatched our child and ran out of state, I called local police to report a missing child

    report, however, they said they would arrest me if I tried. So I reported it with the national center of missing and exploited children who said I have a real case of a missing child. Can I bring suit against law enforcement for not assisting me ...

    James’s Answer

    A suit against law enforcement based upon what you described would likely be unsuccessful pursuant to the public duty rule, which allows law enforcement to direct their limited resources as they see fit to protect the public in general, and not specific individuals. Arthurs v. Aiken County really makes this clear. Your best bet is to seek a local attorney who can file ex parte paperwork, and hopefully get a court order published in the newspaper awarding you emergency custody in the event that mother and child are located. This answer assumes that you had no pre existing custody order in place, which would change the analysis.

    See question 
  • Is it legal for an auto title loan business to give out loans & take titles w/o both people on titles consent or signature.?

    My ex took out a title loan on my car. Its my car and I never knew he did this . Although we are both on the title, is it legal for an auto title loan business to give out loans and take titles without both people on the titles consent or signatur...

    James’s Answer

    If the title has the conjunctive, AND between your names, then the title company may have a problem since it takes both of you to dispose of the vehicle, or finance it. If the conjunctive is you, OR the ex, then I believe that they were within the law to finance it. You may wish to look at the rate of interest and check with the SC department of consumer affairs to determine whether or not the interest rate and terms of the loan meet state standards.

    See question 
  • Can I make a case against someone who lied on me and got me fired from my job?

    I've been a waitress for quite a while and loved the restaurant I was at. There was a disagreement between a few servers and when the time came only one was asked her side of the story. She lied, called me racist, and got me fired.

    James’s Answer

    You may have an actionable slander case, but recovery of money damages from a co-worker may also be problematic. You should consult with an employment attorney to determine if there is any way that the business might be liable.

    See question 
  • In a unwed couple who is legally responsible for the hospital bill?

    Are there any legal documents that I could use in my case

    James’s Answer

    Under the doctrine of necessaries, a spouse can be held liable for the medical bills of their married partner. I do not believe there is any doctrine that can hold a domestic partner liable unless that person signed paperwork stating they would be responsible for the bill.

    See question 
  • How much would it cost for you to type up custody papers?

    I want to sign over my rights because I live to far away from the child and I don't make enough to pay child support.

    James’s Answer

    A parent may not unilaterally terminate their parental rights simply because visitation is difficult and child support more expensive than one would like. If the other parent consents, and a Guardian finds it to be in the best interest of the child, then it is possible.

    See question 
  • Is there a process I can go thru to legally get a weapons permit and buy a gun with a 20 yr old felony conviction

    1989 drug charge, non violent ,served 3 yrs in Indiana Doc , squeaky clean record ever since

    James’s Answer

    You should post this for Indiana lawyers. Generally, you will need a pardon to have your civil rights restored to you.

    See question 
  • South Carolina Association of Counties can offset income taxes after statue of limitations have been exceeded, is this legal?

    This entity works through the Sc department of revenue, intercepting income tax refunds for medical bills and child support exceeding the 3 year statute of limitations. Is it possible to sue for damages?

    James’s Answer

    If you did not object to the setoff in writing, the statute does not afford much relief. This is from the statute.

    "According to our records, you owe the (claimant agency) a debt in the amount of (amount of the debt), plus interest, if applicable, for (type of debt). You are hereby notified of the (claimant agency's) intention to submit this debt to the South Carolina Department of Revenue to be set off against your individual income tax refunds until the debt is paid in full. Pursuant to the Setoff Debt Collection Act, this amount, plus all costs, will be deducted from your South Carolina individual income tax refunds unless you file a written protest within thirty days of the date of this notice. If you file a joint return with your spouse, this amount will be deducted from the total joint refunds without regard to which spouse incurred the debt or actually withheld the taxes. The protest must contain the following information:

    (1) your name;

    (2) your address;

    (3) your social security number;

    (4) the type of debt in dispute; and

    (5) a detailed statement of all the reasons you disagree with or dispute the debt.

    The original written protest must be mailed to the (claimant agency) at the following address:

    (address of the entity requesting the setoff)".

    SC Code 12-56-62 Notice of intention to setoff debt; form, delivery and presumption (South Carolina Code of Laws (2015 Edition))

    See question 
  • My pastors church was founded by his father, and was in litigation for two years but there attorney didn't present all the facts

    the ten day deadline is this Monday do I have to have a motion of reconsideration in by the 10th day to be able to later file an appeal, or can I just appeal the judges decision which was in common pleas court. all parties involved are s...

    James’s Answer

    • Selected as best answer

    You're involved in a very tricky type of law. Because of the !st Amendment, courts are reluctant to require churches to do anything except follow their own rules or bylaws. The church generally belongs to the congregation unless it is a hierarchical church like the Methodist or Catholic Churches. In addition, your dealing with issues of the proper subject of a 59(e) motion, as well as a likely appeal. You should hire an attorney to assist with this as soon as possible.

    See question