D. Nathan Davis

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.

University of South Carolina School of Law

Juris Doctor (1975)

1975

National Association of Consumer Bankruptcy Attorneys

member

2009 - Current

Activities: participate in forums on national issues.

South Carolina State Bar

Member

1975 - Current

South Carolina

Since 1975

4th Circuit

• 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.

Q. Do I have to pay for fraudulent utility accounts in my name in SC?

April 10, 2025

A: Welcome to the world that we live in now. Fraud is everywhere and the first step is to contact your local police department. After that, you need to contact the customer service at the electric company and talk with them. The power company is going to assume you are wrong and it is your job to convince the electric company that this not your bill.

Ask for the service address so you can confirm that the service was to your property. People tell the power company a lot of crap to try and get out of paying the bill. The fact is that you have been harmed, and now you have to fight to prove you are not responsible. The person doing this is probably someone who has no assets, and suing them is a waste of time even if they are still at the service location.

File a complaint with the SC Department of Consumer Affairs.

No, you do not have to pay a bill you did not approve, but expect a long and hard fight to correct the information.

Good luck and fight hard. ... Read More

Q. How to cancel annuity signed without authorization in SC?

April 8, 2025

A: I am questioning if your mother did not authorize an electronic signing. I am guessing that this is the situation, and I also believe that she signed something to move money into the account. Electronic signatures are binding in most situations.

How was the money moved to the annuity if your mother did not sign for the transfer? There had to be signatures to take out the money.

If you are correct, the agent violated the law by forging your mother's signature, and you can file a complaint with the licensing agency that licensed the agent. If your mother suffers loss, she has a cause of action against the agent and the company he worked for.

Q. Which homestead exemption should I use in SC for Chapter 7?

April 8, 2025

A: I do not know where the 40 months you are claiming are required are coming from. I have practiced bankruptcy law in SC for many years and have never seen such an issue. I assume you are trying to file by yourself without an attorney. I would advise that you talk with an attorney and hire him or her to advise you and to prepare the paperwork.

It appears that you have been in SC for the greater part of 180 days before filing, so you will have to file in SC. You will have to use the SC exemptions, as SC opted out of the Federal exemptions, and those are not available for use. You need to look at 15-41-30, which sets forth the amount of property that is exempt from attachment, levy, or sale. Most of the amounts are adjusted every three years and are much higher than the amount shown in the statute.

It may seem simple to file a bankruptcy case, but I assure you that there are lots of issues that you do not understand.

Anything that you own is subject to being taken, including clothes, household goods, guns, or sporting goods. ... Read More