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D. Nathan Davis

  • Bankruptcy, Business Law, Real Estate Law ...
  • South Carolina
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Biography

Born in Charleston, South Carolina, I have been helping people with financial problems, financial planning and creditor abuse matters for over 40 years. My goal is to have my clients in better shape when their legal matter is concluded than when it bagan.

Practice Areas
Bankruptcy
Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Consumer Law
Class Action, Lemon Law
Collections
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Probate
Probate Administration, Probate Litigation, Will Contests
Fees
  • Free Consultation
    I meet with you for up to 1 hour at no charge. I often find that I cannot handle a matter and refer you to an attorney I would use if I had the same legal problem.
  • Contingent Fees
    Not all cases are suitable for contingent fee representation.
  • Rates, Retainers and Additional Information
    You will be responsible for costs and expenses even if I take your case on a contingent fee basis.
Jurisdictions Admitted to Practice
South Carolina
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4th Circuit
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Education
University of South Carolina School of Law
Juris Doctor (1975)
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Professional Associations
National Association of Consumer Bankruptcy Attorneys
member
- Current
Activities: participate in forums on national issues.
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South Carolina State Bar
Member
- Current
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Websites & Blogs
Blog
Legal Answers
55 Questions Answered
Q. I have received a document in the mail "Notice of decision to award $1,000,000.00" and "Prize payout decision Request"
A: Throw that notice in the trash. No one is going to award that kind of money to someone unless you are entered some contest. It appears that you do not recognize the company sending you this notice.

If you decide to contact them, they will quickly want you to send them money for handling or some other reason. This is how they make money. Why would anyone just give you money. Such a prize would be part of some advertising strategy and there is none in this instance.

Run away before you lose the money you have.
Q. received a call regarding a Best Buy cc purchase over 25 years ago. The purchase was under 500.00 but was advised 2400.0
A: In no uncertain terms, tell them that you do not owe the money. I am assuming that you have not made a payment in more than 3 years. Do not admit in writing that you owe or owed the money. The SC Statute of Limitations is 3 years but you cannot have made a payment or admitted in writing that you owe or owed the money or the time is extended.

Do not agree to pay them any money or pay any money to the collector.

If the collector actually files a lawsuit, you will need to respond to the suit. In many states, the statute of limitations is an absolute bar to the bringing of a lawsuit to collect on old debt. South Carolina is not one of those states. If you are sued, you must file an answer or motion to dismiss the case which should keep the collector from obtaining a judgment. If you sleep on your rights, you could end up having a judgment against you.

Threatening to file a lawsuit to collect money and not doing that may be an unfair debt collection matter which may cause the collector to be liable for unconscionable conduct. Be sure to remain vigilant and if someone tries to serve you with suit papers, do not try to avoid service.
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Q. Can I get a down payment back on a car if I never took the car from the lot
A: My initial answer is yes, you should get your money back. Even though you signed the contract, you never took possession of the vehicle. The reason should not be an issue. You never took delivery of the vehicle so one of the conditions to make the contract never occurred.

Another reason the contract would not be enforceable is that part of the contract required the commission of a crime. A court will never enforce a contract that requires an illegal act. The real problem is how do you prove the illegal act was part of a deal?

If you are not careful, you could get into trouble for agreeing to commit a crime. You should probably contact an attorney and see how you can handle this with the police so they do not try to take you down.

The big thing is that you do not want to threaten the car dealer about the criminal act to get paid. There is something called accessory after the fact which may apply if you do not report the crime. You also want to not aid in putting unlicensed drivers on the road.

If you simply bring a lawsuit, the dealer is likely not going to agree to pay and will claim you breached the contract.

My real advice to you is to never agree to be part of a criminal act to achieve some goal such as buying a car or obtaining a license. You were smart enough to not commit a crime.
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Contact & Map
1470 Tobias Gadson Blvd, Ste. 202
1470 Tobias Gadson Blvd, Ste. 202
CHARLESTON, SC 29407
Telephone: (843) 571-4042
Fax: (888) 821-9444