In a dispute how does court determine when it has jurisdiction, to make a judgement when neither respondent/defendant has not giving their consent to court on the subject matter, thus making any judgement void if a judgement were placed
In SC, courts have subject matter jurisdiction based on the type of court and the type of action. For example, a probate court only has subject matter jurisdiction over probate matters. However, the court of Common Pleas has general jurisdiction over almost all civil types of cases. To learn more about how our Supreme Court has interpreted subject matter jurisdiction in SC, use Google Scholar and search for SC cases on "subject matter jurisdiction". In addition to subject matter jurisdiction, the court must also have personal jurisdiction over the parties. This normally arises by obtaining proper service of the summons and complaint on the defendant or by the defendant taking some action to waive any objections to personal jurisdiction, such as an out-of-state defendant filing an answer to the complaint with the court.See question
My husband may be facing a layoff soon. His income is about $75,000 and he also has military retirement and disability. My income is strictly from Social Security Disability, about 14,000 a year. I had a lot of medical procedures over the past ...
Probably so. The complete answer will depend on an examination of your income, expenses, and assets. Based on the information that you have provided so far, it is likely that you would qualify to file a Chapter 7 bankruptcy, especially if your husband's income is removed or reduced due to a layoff.See question
I sold my home myself and friend purchased a new home together, I invest 23000 he invested 32000 we've been in home 4 months. the loan is in his name my name is on deed only
You will need to consult a bankruptcy lawyer for specific advice about your situation. Generally, however, you may be able to protect up to $58,000 in a SC homestead exemption on your residence, assuming the home loan is current. If the loan is not current, then you probably shouldn't be filing a Chapter 7. If the home loan is current, then it can be kept without doing a reaffirmation, and for a lawyer to suggest reaffirmation in this situation would probably be malpractice.See question
A judgement was recently filed against myself and my husband for an old unsecured loan in MD that was taken out in 2011. We've lived in SC since 2013. We received notice from MD court stating they were going to garnish wages from husbands pay and ...
Contact the SC Dept of Consumer Affairs and file an online complaint against this creditor for this practice. It is possible that the garnishment may be allowed if the debt was created out of state, but if not allowed, then the complaint process may help you get this matter resolved.See question
Wages were garnished from my paycheck for a year, In South Carolina where I live, since the debt was civil debt could I be reimbursed?
Contact the SC Dept of Consumer Affairs which can help you to determine if this garnishment was legal or not. If not, then you can also file an online complaint regarding this garnishment, which might help you to get your money back too.See question
im going thru a divorce, i have alot of unsecured debt i cant afford to pay what can the creditors do?
Attorneys from outside SC wouldn't necessarily know this, but unsecured creditors can't garnish your wages in our state. They can sue you though, and if they get a judgment against you, then they could try to sell any non-exempt assets. You should probably consult with a local bankruptcy lawyer to determine if you have non-exempt assets that could be sold by a judgment creditor to pay your debts.See question
I have tried consultation with attorney Robert King ( $2,000). Total Attorneys no assistance in this zip code area or Greenville. SC Legal Assistance, I have no home or transportation in jeopardy to qualify
That amount is in the normal range for a Chapter 7 bankruptcy in SC, although there are some of us that charge slightly less. Some clients who can't afford to file at this time are able to do so after they get a tax refund, if one is anticipated. The nice thing about bankruptcy is that you can file now or later and still wipe out your debts, so there is no rush. Some attorneys, such as myself, will agree to represent a client outside of bankruptcy merely to prevent creditor contact, which sometimes results in the client being able to recover from the creditors that continue with improper direct contact with the client based on state consumer protection laws. That has allowed some of my clients to have their bankruptcy paid for by the bad creditors, instead of by themselves.See question
My chapter 13 bankruptcy case is almost over after five long years. My case closed as of June 23. The base balance is 1200.00 with 2,123.00 cash on hand. My case status reports as comp pending on 6/23/2015.
The best person to ask questions about your bankruptcy is your bankruptcy attorney, whom you paid to represent you in this case. However, it sounds like this abbreviation stands for completion pending, which appears to be what has already happened in your case.See question
Debt Collection...Non-Jury Trial
No. I am assuming that you are being sued for a money judgment only in civil court, not criminal court. Of course, if a judge has issued an order requiring you to appear, then that would be different, but if you have just been served with a summons and complaint in a civil case, the worst that can happen at this time is for the court to issue a default judgment against you for the amount claimed due in the complaint that was served on you by the process server. Also, your wages can't be garnished for normal debt in SC (aside from things like alimony, child support, back taxes or county hospital bills) so that probably won't happen either. However, if they get a judgment and you don't pay it, eventually there may be an order from a judge requiring you to show up with financial records to prove why you can't pay it, but that will not happen until after they get a judgment against you. If you have any defense to owing the money, or if the amount claimed due is incorrect, then you should file a written answer with the court explaining those things, and then show up to defend yourself in court at any hearing in the matter.See question
He died in 2012. He did not have anything so an estate was never opened. Am i responsible for the debt?
Probably not. However, SC does recognize the doctrine of necessaries, which means that a spouse may be liable for necessary expenses incurred by the other spouse, which could include medical bills. So a creditor would have an argument that you should have to pay it, if they choose to raise that argument. If you don't want to have to pay this bill, I suggest not making any payments on it, since doing so will extend the time that they have to sue you on this debt. If they sue you after three years from the last payment made on the debt (or three years after you sign a written agreement to pay the debt), then you will be able to successfully defend any lawsuit brought against you using our statute of limitations. If you haven't been paying on this debt, then it sounds like you are in the clear due to the three year time period's expiration.See question