Geddings Law Firm PA

Geddings Law Firm PA We are a small firm specializing in individual attention for our clients. We handle real estate, family law, personal injury, estates and other fields.

Geddings Law Firm PA handles all types of law and provides advice and counseling in a wide range of areas. We have a court certified mediator and arbitrator. Most consultations are at no charge. Whether you need to make a Will, start a business, buy or sell real estate, or have a Family Court matter or personal injury, Geddings Law Firm, PA is an excellent place to start. Please note that any info

rmation on this site is not to be considered legal advice and is never a substitute for a face to face meeting with an attorney.

04/12/2023

Many people ask about whether or not to deed property to heirs while still alive. Find out some answers and dispel some rumors by reading the post below!

04/22/2020

I hope that everyone is safe and following the necessary precautions during this difficult time. Please note that Geddings Law Firm PA is open for our regular hours, our office remains staffed and we are ready to help you with any of your legal needs. Please stay safe.

06/20/2019

This made me chuckle but it is good advice

03/13/2019

Now Hiring, Immediately, Part –Time Office Assistant.
Pay is $8.00 hour, Hours are: Monday through Thursday, 10:00 am to 3:00 pm.
Call 803-435-4770 if interested , Serious Inquiries Only Please.

03/27/2014

Wednesday, March 26, 2014 - Q&A

Q. I was shopping recently when I slipped and fell in the store. I hurt my hip pretty bad. Can I sue the store?

A. I cannot answer your question without more information. You definitely need to see an attorney if you want further information since it will be necessary for an attorney to ask you a number of questions in order to learn all of the facts and give you a complete legal opinion.

I can tell you that just because you were in a store when you fell, you are not automatically entitled to recover money from the store. In order for you to sue the store and win, you must be able to show that the store knew, or should have known, of the condition which made you slip. Further, the condition which made you slip must be something which the store should reasonably have been expected to protect you against. For example, if the reason you fell was because you tripped over your own shoelace, there is nothing the store could have, or should have, done to prevent the accident and you are therefore not entitled to recover against the store.

In order to show that the store knew or should have known of the condition, you will need to know why you fell. A common reason that people slip and fall in stores is because of water on the floor after a rain. If the water was tracked in by other customers or leaked from their raincoats and umbrellas, you will need to try to determine how long the water had been on the floor. After all, if the water was only on the floor for a very short time, how could the store have known and what actions could they have taken to protect you?

I hope that this gives you some idea of the information your attorney will need in order to evaluate your case. Please be sure to see an attorney as soon as possible because if you do have a case, you have only a limited time in which to file any suit against the store. If you do not have a case, it is better to know about it know than to wait and be mistaken.

Q. Is Percy Harvin the head of the Magistrates? Who elects him to his office?

A. Judge Percy Harvin is indeed the Chief Magistrate for Clarendon County. He supervisors the Magistrate's Court and assigns cases to the other Magistrates among his other responsibilities. He is appointed as a Magistrate by the Governor for a 4 year term but the South Carolina Supreme court appointed him as Chief Magistrate in Clarendon County.

I would also like to remind everyone that the Magistrate’s Court is not a place to seek legal opinions. Most Magistrates are not attorneys and they are not equipped or able to provide you with legal advice about various manners. I have heard from people who complained when they sought probate or divorce advice from a Magistrate and although I tried to explain that Magistrates have nothing to do with either area of the law, few people understand that fact.

03/24/2014

Wednesday, March 12, 2014 - Q&A

Q. I got some papers in which some fellow was suing me for running into his car. The attorney who did the papers had a notice on them which said that I had to answer within 30 days. I work for a living so I did not have time to fool with the papers until about 2 months after I got them. I called the attorney to answer but he told me that it was too late and that he had filed an Affidavit of Default. Why didn't he give me more time? What is a default?

A. From your description, the papers you received were a Summons and Complaint. The Summons and Complaint are the first pleadings filed in most cases. The Summons notifies you that a case is pending against you and contains a provision advising you that an Answer is due within 30 days. The Complaint contains a description of what the Plaintiff (the person suing) believes the Defendant (the person being sued) did wrong or failed to do.

The deadline of 30 days is not set by any attorney. The deadline is set by our legislature and is not subject to individual modification in most cases. When the papers are served on a person through the mail system, the time limit becomes 35 days. If the attorney or the Plaintiff wishes, he can add an additional 30 days to the time to answer but this additional time should be confirmed in writing.

An Answer, as requested by the Summons and Complaint, is pleading which responds to the allegations of the Summons and Complaint. Although you are not required to have an attorney draft your Answer for you, it is recommended since legal defenses are sometimes confusing and difficult to assert. Merely calling the Plaintiff's attorney, or sending him a letter, is rarely sufficient to be considered an Answer. Please do not confuse answering the attorney's questions with an Answer to the Complaint.

If you fail to file an Answer within the allotted time, the Plaintiff's attorney may ask the Court to hold you in default. The full consequences of being held in default differ with each type of case but generally a default means that the Plaintiff wins automatically. If you are in default, you usually lose your right to present any evidence of your innocence in relation to the Plaintiff's allegations.

If the Complaint is for an amount of damages that are certain (i.e. the amount due under a loan agreement) the Court may issue an Order granting the Plaintiff a judgment against you without holding further hearings. If the Complaint is for an amount of damages that are uncertain (i.e. pain and suffering from an auto accident) the Court will hold a hearing to determine the proper amount of damages. At the damages hearing, you will be allowed to question the amount claimed as damages but you cannot question whether or not you should be forced to pay damages.

I urge you to see an attorney for a full analysis of your case. In the future please remember to always consult an attorney as soon as you receive any legal paper. Throughout the law there are numerous time limits and it is extremely important that you never allow any matter to go unattended unless you have been advised by an attorney that the delay will not cause you problems later.

03/06/2014

Wednesday, March 5, 2014 - Q&A

Q. My mother died about a year ago. My father has been dead for more than 10 years and my mother had remarried 3 years ago. I do not like her new husband and she did not leave the new husband anything under her Will. He did not complain about the Will. We have now learned that my mother's taxes were not right and that she is entitled to a refund for her taxes from the year before she died. She filed as married filing separate. My mother left everything she had to me but if a refund is sent, who gets it? If you cannot answer this, please tell me who I should ask.

A. You gave me enough facts to answer your question but I do not think you will like the answer. Under Section 12-6-5550 of the ”Code of Laws of South Carolina”, any state or federal income tax refund due to a deceased person is the property of the deceased person's spouse regardless of how the original tax return was filed. In other words, even though your mother filed a tax return separate from her husband, and even though she left a Will leaving you her estate, the refund belongs to your mother's husband. If you want further information, you may wish to contact the South Carolina Department of Revenue.

Q. I noticed that most law firms have computers now. What type of word processing program do most lawyers use?

A. Most law firms use the program Microsoft Word. A word processing program is a program which allows you to type documents such as letters or contracts on your computer and then print them. There are many different versions of Word and many law firms, like other offices, use older versions of Word. Although other programs will have some differences, if you become proficient in any wordprocessor or spreadsheet program, you will have an easier time learning a new system than someone starting from scratch.

Q. Is it true that a homosexual relationship can be adultery if one of the people is married?

A. Yes. South Carolina's Supreme Court recently decided that any extramarital affair, whether heterosexual or homosexual, was adultery. Before that decision, a homosexual relationship could not be adultery.

Q. I have been reading in the paper about the lawyers running for judgeships but I never see where we get to vote for that. When is the election held?

A. The only people who will be voting on a new Judge in South Carolina will be our state legislators. In South Carolina, Circuit Court Judges are elected by the General Assembly and not by popular election. Even though you may hear attorneys talking about who they may support, attorneys who are not legislators and do not get to vote for Judges. If you wish to support a candidate for a Judgeship, you should contact your state senator or representative and let them know how you feel.

02/27/2014

Wednesday, February 26, 2014 - Q&A

Q. I went to an out of town dentist to have four teeth pulled. I spoke with the dental assistant and told her which teeth I wanted to have removed. I pointed them out to her and she made some notes. The dentist came in later and began to pull my teeth. I didn't say anything since I assumed that he had the chart from the assistant and had talked with her. He pulled all of my teeth out, even the good ones. He got my chart mixed up with someone else's. Do I have a case and how much would it cost to hire a lawyer to help me?

A. You definitely need to see an attorney as soon as possible. I would first like to stress to my readers that this question does not involve any local dentist and that occurrences like this are extremely rare.

In answer to the question, I would say that you probably do have a good case. You will need to get a copy of your records from the dentist. If the dentist did get the charts mixed up, you very likely have a very good claim. If the dentist is able to show that he pulled the teeth because they needed to come out, you will not have a good case. Even though you did not ask the dentist to pull all of your teeth, dentists are allowed to take emergency measures in certain circumstances. It is possible that once the dentist began working on your teeth, he noticed that allowing your teeth to remain would cause you severe problems. It will be your attorney's job to determine whether or not the dentist fulfilled his legal duties in deciding whether or not to remove the teeth.

I cannot tell you how much your case will cost since the cost will depend on the attorney you hire. Most attorneys would probably take your case on a contingency fee. That means that you would not pay him for his time if he did not recover money for you. Be sure to ask whatever attorney you speak with about how he or she will charges in this type of case. Also please note that you want to be sure the attorney you hire has experience with this type of litigation. An attorney who only handles corporate law or real estate may not be familiar enough with litigation procedures.

One further thing that is important to note in cases such as yours is that most attorneys will require that you advance some money to be used for costs in order to investigate the case. This money will not pay the lawyer but will go to pay another dentist to review the records and determine whether or not the dentist who worked on you performed within the allowable procedures for dentists in South Carolina. Each attorney has a different policy for asking a client to advance money for costs, so please ask your attorney for specific information.

Q. What is the legal age for drinking beer in South Carolina?

A. It is illegal for any person under the age of Twenty-one (21) years to possess or consume alcoholic beverages. Under old law, it was possible for an 18 year old to buy beer or wine but under present law, an 18 year old cannot buy or consume any alcoholic beverage legally.

02/20/2014

Wednesday, February 19, 2014 - Q&A

Q. I was sitting in my car, parked in a parking lot, and someone backed into the side of the car. They dented my car pretty bad, then just drove off. I did not see the driver or get the license plate. I called the police but although they filled out a report, they told me that they would probably not catch the person who hit me. I was not hurt but I want to get my car fixed. My insurance company will pay me through my collision coverage but then I would have to pay my $500.00 deductible. I do not think it is fair that I should pay $500.00 to fix damage that is not my fault. What can I do?

A. You need to see an attorney to review your insurance policy. Under normal conditions and standard insurance policies, I would recommend that you definitely not proceed under your own collision coverage. You are quite correct that it is not fair to expect you to pay for someone else's damage to your car.

The coverage that you should be collecting through is your un-insured motorist coverage, or UM. UM coverage is intended to pay whenever you or your property is damaged by a person without insurance or by an unknown person. There are restrictions that apply but the facts that you describe will satisfy most conditions I have encountered.

If you collect under your UM coverage, you will have several advantages. You will be able to collect for the cost to repair your car, the amount your car has depreciated due to the damage and the cost of renting a car while your car is being repaired. Depreciation and rental car costs are normally not recoverable under collision coverage. Filing the claim under your UM coverage may allow you to avoid paying any deductible but you should check your policy to make certain. It is also possible, although not likely, that you would be entitled to collect punitive damages through your UM coverage.

Any time you are attempting to settle a claim for damages, consult an attorney. The insurance laws are complex and confusing and it is easy to forfeit your rights. Many adjusters are excellent and fair but many have only their company's interests in mind and will not give you what you are fully entitled to under the law. I highly recommend that you always consult an attorney before making any settlement with an insurance company.

Q. What is the Public Defender? Is that like the legal aid office?

A. The Public Defender is a person or persons who represent indigent criminal defendants. Each county usually has one or more Public Defenders who are paid to represent criminal defendants who are not able to afford to hire an attorney. If the salaried Public Defender is unable to represent an indigent criminal defendant, the other attorneys in Clarendon County take turns representing the defendants.

A Public Defender is very different from legal aid. Most legal aid offices cannot handle criminal matters and the Public Defender handles only criminal matters.

02/14/2014

Friday, February 14, 2014 - BONUS Q&A

Q. We had a lot of ice and my neighbor’s tree split. Half of it fell on my shed and squashed it. He says I have to file it on my own insurance but I do not think that is right since it was his tree. Who has to pay?

A. Unfortunately, I would need more details to tell you for certain so it is best that you contact an attorney and have him or her review your specific facts. However, I will be glad to provide you with some general information about this type of issue. This information would apply whether the damage results from wind, ice, lightning or similar things.

The essential element is normally whether or not the tree was healthy. If the tree was healthy other than the Act of God, then the owner is generally not liable for any damage when that tree (or limbs from it) falls. If you had complained that the tree was overhanging onto your property then the answer may differ. Also, if the tree was not healthy, then the tree owner has a duty to protect your property by either trying to make the tree healthy, taking steps to try to prevent damage from the tree to your property or otherwise take steps to warn you or protect your property. So if it was a damaged limb that was already hanging, and the ice just provided the additional weight to make it fall, the tree owner would be liable.

Determining liability is the important issue since it will also determine who is responsible for the damage. When deciding whose insurance would apply, it is always the insurance coverage which covers the person who is liable for the damage. Therefore, determining the liability factors about the tree will answer the question about which insurance will apply. An attorney can help you analyze your specific facts.

02/13/2014

Wednesday - February 12, 2014 - Q&A

Q. Why didn't Congress declare war on Iraq? What difference would it have made since we are already fighting them?

A. A Declaration of War does more than just authorize the President to deploy troops against another country. A Declaration of War gives the President and military numerous powers which they do not have without a Declaration of War.

For example, when war has been declared against another country, anyone committing treason can be sentenced to death. During a declared war, the President has vastly expanded powers over the economy and is allowed to ignore portions of the Bill of Rights.

President Bush asked for only the powers which would allow him to use force against Iraq. Congress gave him all the powers of a Declaration of War as it relates to using the military but withheld the powers that would allow him special power here at home. My understanding is that the President did not want the extra power. Technically we are at war but neither the Congress nor the President deemed it necessary for the President to hold as much power over affairs inside our country as a Declaration of War would give to the President.

Q. If we are so worried about terrorism, why doesn't the President just order all Arabs to be arrested and put in camps so that they can't spy or bomb things?

A. First, please remember that all Arabs are not terrorists. Iraq is only one Arabic country. There are numerous Arabic countries which are members of the Coalition with us. It would be shameful to jail so many innocent people just for the chance to catch a few guilty ones.

Regardless of whether or not we should jail all of the Arabs in America, the President does not have that power right now. As I answered above, Congress did not declare war on Iraq. The general feeling is that the President should not have the power to violate the Bill of Rights and send people to jail without a trial unless there has been a formal Declaration of War. During World War II, the President jailed virtually all Japanese-Americans and it later horrified the country.

Q. Why do the police and military allow protestors to carry signs and protest outside of the White House and at other places where they are hurting the morale of the country? It seems to me that protests should not be allowed while we are in such a dangerous situation.

A. While I agree with you that I do not like to see the protestors, we must all remember that free speech and the right to gather together are some of our most precious freedoms. Neither the President, nor anyone else, has the power to suspend these rights.

The best advice I can give you is that whenever you see news coverage of the protests, remember that the protestors are allowed to protest only because, like their forefathers our soldiers are willing to lay down their lives to protect our freedom. Please also remember that most protestors now are protesting the war and ”not” the warriors. We can only hope that everyone will treat all returning soldiers as heroes and keep all soldiers in the field in their thoughts and prayers, regardless of whether or not they agree with the war.

Q. If the reservist are kept in the Middle East for a year, won't many of them lose their jobs?

A. No. My understanding is that the law guarantees each reservist the right to return to his or her old job or one with comparable pay. I feel confident that the reservists will be well treated when they return.

01/29/2014

Wednesday, January 29, 2014 - Q & A

Q. My cable company charges me money for a franchise fee. I never signed an agreement to pay a franchise fee and I do not even know what it is. I called for information but they didn't tell me anything. Can they charge a franchise fee?

A. You listed the name of the cable company in your actual letter and I called to get an explanation. This answer is specifically addressed to the person who wrote the letter but should apply to anyone else who is paying a franchise fee. To be sure your franchise fee works the same as the one I will be discussing, it would be wise to check with your cable, phone or electric company to be sure you do not have some different arrangement.

Your bill had 3 items on it. There was a charge for monthly service, sales tax and the franchise fee. The monthly service charge is self-explanatory and the sales tax charge is also clear. When I called about the franchise fee, it also became clear. The franchise fee charge is not a charge that the cable company is charging you for the franchise. It is the amount that the county is charging the cable company for their franchise. You do not have a franchise agreement with the cable company but the cable company has an agreement with the county. In your case, the cable company is required to pay 3% of its charges to the county in order to be allowed to do business in your county. In a way (and only for purposes of understanding), think of it as a county sales tax.

At first, your company was absorbing the cost of this 3% charge but as costs rose, the company faced a dilemma. They could not afford to keep paying the 3% and still make a reasonable profit so they considered raising the monthly service charge. Of course the problem with raising the monthly service charge is that such a raise would also raise the amount due to the county since the county charged a percentage of the money collected rather than a set sum. The cable company solved this problem by adding 3% to each customer's bill as a separate item called franchise fee.

Since the separate item was listed as franchise fee, showing that it was going to the county rather than to the cable company, it did not raise the money collected by the company for their services. By listing it as a franchise fee, the company was also not required to charge sales tax on the additional amount. In other words, by listing the increase as a franchise fee and showing that it would be going directly to the county, the cable company kept the increase to a minimum. The law about taxation is rather complex but I believe that my explanation is accurate.

You also asked if they could do this and I assume that you mean adding a new charge after the contract was signed. The answer is that they have done it. The contract you signed did not specify the amount they could charge as a monthly service charge. Therefore, they could have raised your monthly service charge and you could not have claimed a breach of the contract. By adding an additional line item (the franchise fee) they may have initially broken the contract but when you paid the fee and did not object, you probably accepted the new item into your contract by implication. I am sure that if you object to the franchise fee charge, the cable company will consider letting you out of your contract but then you would be without cablevision. You should decide whether cable is worth the 3% increase and, if it is, it does not matter what they really chose to call the increase.

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Manning, SC
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