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James D. Mosteller III
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James Mosteller’s Answers

606 total


  • I worked for the Independent Newspaper as a carrier..

    They gave us a 30 day notice that the current contract we were under would run out on the 11th...I worked my whole 30 days...when I went to give my dm my routebook...she said I would not get paid the 10 days I worked that was ( 1-10th)...because I...

    James’s Answer

    you should contact the department of labor (south carolina) and make a formal complaint about the failure to pay wages. There is also a civil penalty of treble damages plus attorney's fees for failure to pay wages.

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  • Can my mom that has temporary custody leave the state of south Carolina with out saying anything.

    Can my mom that has temporary custody leave the state of south Carolina with out saying anything. She was homeless. I offer to take them in and we found out she left the state what should i do.

    James’s Answer

    Her obligations of notice to you would be covered by the terms of the temporary order. When she became homeless, was a good time to modify the custody order. I am assuming that you are discussing temporary custody of your child in this answer.

    You should consult with a family law attorney at your earliest convenience.

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  • Do I have to have a temporary custody order modified after the state decided they are out of their jurisdiction and withdrew?

    We are SC residents, my son and I were visiting grandma in FL. There was an incident where I was arrested for drinking at home alone while my child was asleep. I called Dad to come get our son from sc because they were taking him into state care. ...

    James’s Answer

    You should consult with a South Carolina family law practitioner as soon as you can. based on what you have described, it seems like you should start a family court action in South Carolina as soon as practicable.

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  • I gave my 14 days notice by certified mail and haven't heard from the company. Can I legally leave without being sued?

    I am renting a home in North Charleston with American homes 4 rent. I have 3 separate water leaks from the ceilings. 2 of which are leaking daily and growing mold. I have put in service requests, emailed the property manager and have waited now si...

    James’s Answer

    you have described a situation which should allow you out of the lease, but no one can give specific advice upon your problem without seeing pictures of the leaks and mold, reviewing your letter the signature on the green card, and the lease itself.

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  • How can I get my money back from a dealership for a car with no title.

    Bought a car a month ago and it was a lemon. We spent over $700 in repairs and never received a title. The car needs to be registered in the next 6 days. We need to get all our money back.

    James’s Answer

    If the dealership cannot provide a clear title to the vehicle then it is possibly obtaining money under false pretenses which is a crime. You can report it to your local law enforcement.

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  • What is the law about foreclosed mobile homes in South Carolina?

    A friend of mine let her mobile home go back. That mobile home is on her Mom's land. Just her recently her mom saw a for sale sign in the window. Now here is the question, would the someone be able to come in to private property and look at the mo...

    James’s Answer

    The lender should remove it, but in the absence of no trespassing signs or fencing, theyre likely happy not to incur that expense.

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  • Can my nephews father refuse to bring him home?

    My nephew has lived with me for 6 years; he is 9 years old now. His mother went to prison and will be there for the next 4 years. I provide everything for him school wise, health care, finances, emotionally, etc. His father is on child support thr...

    James’s Answer

    Continuous care of a child for more than a year gives you standing to bring a custody action in South Carolina, and both parents have to be named as defendants. Prior answer is right. Absent consent from the father, you will have to prove him unfit to win the case. Also, in the absence of a court order granting you custody, the father could try and keep the child after one of those visitations. You may wish to see if he would consent to an action to formalise what has already happened, but youll need an attorney to address these issues for you, even with getting a properly drafted consent. This is not an arena to try and go it alone.

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  • Why am I being asked to sign a waiver of bond and should I?

    I haven't spoken with my grandfather in years. He recently passed away in May. My aunt, who I haven't spoken with in years as well, has had a paper sent to me asking me and my siblibhs to sign a waiver of bond. I don't exactly know what that means...

    James’s Answer

    I agree with the prior answers. With respect to the bond, its purpose is to insure the performance of the Personal Representative, in other words, if the PR loots the estate and does not distribute the monies to the beneficiaries as required the bonding company has to pay the difference. The bond does cost money which can come out of the eventual distribution since it is paid as an administrative cost of the estate. Its usually waived in smaller estates.

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  • Served with a Notice to Comply from a town in which I do not live; do I have to comply?

    I live in Woodruff, SC right next to a small town of Reidville, SC. I have been served a notice to comply with a Reidville Town Ordinance, but I do not live in that town. Do I have to comply? I work on small engines, cars, trucks, Lawnmowers, e...

    James’s Answer

    My first instinct is that you are correct. However i have seen joint enforcement agreement on zoning and memorandum of understanding between County and City for a business corridor, allowing for both jurisdictions to enforce the law. Ask law enforcement or Town clerk for a copy of whatever they are relying upon to issue the summons outside of their territorial limits.

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  • How to get the car and tag back and to get myself out of trouble?

    I knew this co-worker for a long time. I recently let her do payment on a car that I sold to her. the car was not is good shape so she asked me if I can let her keep the car so she can get it fix. well, come to find out she wasn't even fixing it, ...

    James’s Answer

    Since the title was in your name, and the tag not returned, i think you'll have to pay that fine in order to get your license back. You can simply demand the car back, and if she doesnt return it, file a claim and delivery action in magistrates court.

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