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Donald Jay Budman

Donald Budman’s Answers

5 total

  • “i sold a riding lawn mower the next day the was usingit and a belt broke am i respons

    sold on craigslist

    Donald’s Answer

    If you are a merchant, or selling on Craigslist as a "Dealer," that regularly sells lawnmowers or other types of motorized equipment, absent some type of disclaimer there may have been an "implied" or unstated warranty that the lawnmower was in good, operable condition. But, if selling lawnmowers or other equipment is not your regular business, and you simply made a one time sale of a mower from your garage, then the only warranty that could be given would be an "express" or written warranty. Now, just because you may have the legal high-ground, you may still, at least, consider taking responsibility. That is a matter of using good business judgment. Consider the cost of the repair in relation to the cost of the mower; will you expect to do business with this buyer again; does the buyer have the ability to review your sale on the website (a negative review can be devastating). One other thought is to check with Craigslist to see if it has any type of return or warranty policy. Good luck and be sure to use your best judgment.

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  • I have to sue someone and want to know, I do I find out if they are actually married as opposed to just living together?

    This is neighbor dispute and my other neighbor said they are not actually married even though she uses his last name. Is their a database lawyers use to find marriage records. How accurate is it.

    Donald’s Answer

    You are correct in saying that simply because a woman uses a man's last name is not proof of a legal marriage between the two. The South Carolina Department of Health and Environmental Control (DHEC) maintains records on Marriages and divorces in SC from 1950 to 2012. You may wish to check DHEC's website or give them a call. DHEC's records would be accurate. Also, various county probate courts in SC post information concerning marriages in that county online. Or, you could always call a county's probate court to see if the records of marriages are available for public inspection. Their records would also be reliable. Keep in mind, however, that marriages outside of that county or that particular state, are quite legal. Generally speaking, there would be no record of a marriage that took place in Georgia located within any governmental agency in SC. I am unaware of a national marriage database. Also in SC, common law marriage between a man and a woman is recognized. The couple may be married in the eyes of the law, having never obtained a formal marriage license. Once you commence the litigation, you can ask the couple to answer the question of whether they are married in discovery and they will be obligated to answer you under oath. Family court records, real property records and property tax records could be helpful, as well. Be resourceful.

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  • Please tell me there is a mechanism in place that enforces orders on violations on custodial interference for DADDIES

    I'll go one step further here, w/granted custody not once but twice, I can not find any law enforcement to enforce this order. which states any law enforcement to assist me in the physical return of my child. I requested a GAL,before that, who I'v...

    Donald’s Answer

    Enforcement of court orders is vital to the proper administration of justice. Court Orders are enforced in Family Court through a process known as a Rule to Show Cause (RTSC), as set out in the South Carolina Rules for Family Court. While the use of an attorney is highly recommended, pro se litigants can file a Rule to Show Cause without an attorney. Forms for the RTSC and supporting Affidavit can be found at http://www.judicial.state.sc.us/forms/searchType.cfm . When properly submitted to the family court, a court order order is issued to the alleged contemnor, requiring her to appear before the court at an appointed date and time, to show cause why she should not be held in contempt of court for violating the subject court order. Once it is proven that the court order was violated, the contemnor has the ability to "collaterally attack" or raise any defenses that might exist that would affect the validity of the court order. There are specific requirements pertaining to the completion of the RTSC paperwork and to the service of the RTSC on the contemnor. If all of the paperwork is handled correctly, and if your court order is determined to be valid, the family court will have no problem in seeing to it's enforcement. Difficulty will arise in the enforcement of a court order when a family court judge feels that the court order may not be valid in every respect.

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  • Biological Father vs Legal Father

    my sons real blood dad walked out 12 years ago. I married another man who has taken full fathership of him and signed paternity acknowledgement, well the real dad met my son 5 years ago and walked out again cause he was brainwashed into thinking i...

    Donald’s Answer

    The answer to your question is "yes, it is possible." That's because he is the biological father. A full consultation with an experienced attorney is necessary to get an educated opinion. Keep in mind that, regardless of the attorney's opinion, child custody always remains within the sound discretion of the family court judge, so long as the child remains a minor, and upon proof of "the best interests of the child" for an initial custody order, or proof of "a material change of circumstances" justifying a modification of an initial custody order. There is much more to it than that, as well. An experienced SC lawyer can also advise you on pending legislation regarding standards of proof in child custody cases. Other pertinent questions will be: Has biological dad ever been required to pay child support? What has biological dad done to contribute to the support of the child? Has there ever been an order of paternity or paternity testing perforrned? How old is the child? What is the child's custody preference, considering their age, maturity level, etc.? Has anyone in either household been investigated for abuse or neglect of a child, or treated for alcohol abuse or addiction to drugs? Has there ever been a case brought to terminate biological dad's parental rights? You are best advised to consult with an attorney before the biological father commences a case.

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  • In which state do I file for divorce

    Where do I file for divorce at if I got married in Florida but I'm moving from South Carolina to Georgia,and she is going to texas.

    Donald’s Answer

    The place of marriage does not matter. What is important is what state you are a resident of when you commence your civil action. According to South Carolina statutory law, if only one party resides in SC, they must be a resident of SC for at least one year before 1) they can file for divorce in SC or before 2) they can be sued for divorce in SC by a non-resident. If both parties reside in SC, suit for divorce can be brought by either, as long as they both have resided in SC for at least 3 months before the commencement of the action. This is called a "residency requirement." This residency requirement also applies to active duty military regardless of their intent to "permanently reside" in SC. Important- This answer applies only to the issue of Divorce. In order for a family court in a particular state to rule on other incidents of divorce, such as child custody, child support, property division and /or alimony, the court must have personal jurisdiction over the defendant. In general terms that means that either the defendant is a resident of the state where the case is brought, or the defendant has some type of minimum contacts with the state, or there is a state law that allows the court to exercise jurisdiction over the defendant. Using your example, if she tries to sue you in Texas for alimony, and Texas is presumably a state where you do not reside, and do not have any connection, then unless there is a state statute in Texas that would allow the court there to exercise jurisdiction over you, any proceeding against you in Texas for anything other than a simple divorce could be void for lack of jurisdiction and unenforceable. The theories behind "personal jurisdiction" can be complicated and are known to give law students nightmares. A consultation with an attorney would be the best way to determine the appropriate forum for the divorce and to determine where the other issues can be tried. Keep in mind that a lack of personal jurisdiction can be waived. A person can voluntarily agree to allow a state court to exercise personal jurisdiction over them, if there is an agreement of the parties. Care must be taken to avoid submitting yourself to the jurisdiction of a court by mistake or accident.

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