Happy Thanksgiving Story out of SCLS!

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Happy Thanksgiving Story out of SCLS!

 

Michael S. Gambrell, a South Carolina Legal Services attorney, received a jury verdict today (Monday, November 24, 2008) in a contested Magistrate Court trial that started Friday morning and ended today. The jury deliberated for one hour and ruled that a Mother and her 3 minor Children will remain in their home this Thanksgiving.

 

Some interesting notes about this case:

 

Mr. Gambrell, the attorney was personally served by the constable with this eviction action against the Mother. Mr. Gambrell decided under these circumstances to try the case even though this form of service is not in accordance with the laws of South Carolina.  and

 

The property is HUD-subsidized and HUD-regulated housing, even though it is private property.  Under Mr. Gambrell’s cross-examination, the landlord’s apartment manager openly admitted that the landlord had not followed HUD regulations in pursuing this eviction (i.e., no right to cure notice).  The attorney moved for directed verdict, which the judge denied.  The jury decided not to evict because the landlord had not followed HUD rules.  The jury would not have heard a word about HUD regulations if not for Mr. Gambrell. 

 

Kudos to Mr. Gambrell and SCLS!

 

And a very Happy Thanksgiving to the family who gets to stay in their home!

  

-RFW

DID YA KNOW? What your Clerk of Court can and cannot do!

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South Carolina Clerks of Court are often the first stop for someone preparing to go to court. Often a litigant can pick up forms in the Clerk’s office and may even ask directions to the courtroom. And occasionally someone may ask whether or not they should file a lawsuit. Did you know that this question may be considered legal advice? And did you know that by South Carolina law, only attorneys are allowed to give legal advice?

If you didn’t know this, you’re not alone.

That’s why the Clerk of Court workgroup of the South Carolina Access to Justice Commission worked with Court Administration to develop a list that explains what clerks can and cannot do. This information was made into a sign and recently the South Carolina Supreme Court approved this signage.

-RFW