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Mississippi Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Mississippi on
Q: How long can you be held in jail without charges

How long can you be held in jail without charges

Arthur Calderon
Arthur Calderon answered on May 12, 2018

The answer depends on several things. Do you mean charges in the sense of being taken before a judge for an initial appearance, at which point bond should have been set? Or, do you mean between initial appearance and indictment?

Really, unless there are set charges against you, they should...
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1 Answer | Asked in Civil Litigation and Family Law for Mississippi on
Q: Chancellor closed case (Clean Hands against CP for not allowing visitation), but a PO was in place...did he err?

Complicated case-BIG NOTE: the chancellor who saw the case, had never seen it before and we had been fighting for 4 years through DHS. The NCP used every excuse to avoid paying (complained about not getting visitation one day, but then requested paternity another, said he needed to obtain legal... Read more »

Arthur Calderon
Arthur Calderon answered on May 9, 2018

It sounds like you need to get with an attorney ASAP, as it does sound fairly complicated.

1 Answer | Asked in Civil Litigation for Mississippi on
Q: witness subpoena in Mississippi

I have been subpoenaed as a witness in an upcoming case against an individual in Biloxi, MS. Ironically, my husband and I had just returned from the police station where we signed a warrant on the same individual about 30 minutes prior to getting that days mail. Since the individual was... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 30, 2018

Unless the party issuing the subpoena notifies you otherwise, there is a good chance that it is just to appear and offer oral testimony on whatever the legal matter may be.

1 Answer | Asked in Personal Injury, Civil Litigation and Legal Malpractice for Mississippi on
Q: Can my fiance' file a civil suit with a prison if he developed a condition that the prison may be responsible for?

My fiance' complained of back pain for months and the prison doctors just gave him moltrin and suggested that he lose weight. After not receiving the accurate diagnosis or treatment, he is now in the prison hospital ward in a wheel chair and barely able to feel his feet. He states that the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Likely it won't be doable but for best read on it contact the Miss.Civil Liberties Union, ask for their prison rights group, ask them for the names and contact info for their "cooperating attoenys," most of who will give you a free consult.

1 Answer | Asked in Civil Litigation for Mississippi on
Q: I paid for form of writ of replevin online,do i fill it out since ordered online? how do i get this served to defendant?
Arthur Calderon
Arthur Calderon answered on Mar 4, 2018

As to your first question, depending on what service you used, there may be a walk-through process for you to fill out that form. As to your second question, you will need to get an adult (perhaps a deputy or process server) to deliver the necessary documents to the defendant; however, because you... Read more »

1 Answer | Asked in Civil Litigation, Construction Law, Federal Crimes and Family Law for Mississippi on
Q: what can i do about dhs and local law enforcement participating in an illegal search and seizure! And taking my child o
Arthur Calderon
Arthur Calderon answered on Feb 19, 2018

It depends on the facts of your case, and the reasons behind the search and taking the child away. You will likely need to consult with an attorney to gather more facts and determine whether you have a viable claim.

1 Answer | Asked in Civil Litigation, Construction Law, Federal Crimes and Family Law for Mississippi on
Q: what can i do about dhs and local law enforcement participating in an illegal search and seizure! And taking my child o
Arthur Calderon
Arthur Calderon answered on Feb 19, 2018

It depends on the facts of your case, and what reasons that DHS and law enforcement may have had for conducting the search and taking the child. Likely you will need to consult with an attorney so that they can find out more about your case and determine whether you have a viable claim.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: 2013 Mississippi Code Title 41 - PUBLIC HEALTH Chapter 30

Why did the chancey cleark lady let a person sign this on me and the signer was no kin and also used a false last name so i spent 22 days in jail then 7 days in a mississippi hospital then the signer admitted that they had lied on me and they wont over turn this and remove it off my record plus... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 17, 2018

I'm assuming that your question goes to an involuntary commitment to the state hospital. Without more information regarding the circumstances of your pick-up, you will need to consult an attorney to see if anything can be done.

1 Answer | Asked in Civil Litigation and Workers' Compensation for Mississippi on
Q: Settlement offer to low.

My husband agreed to a lump sum settlement of $50,000. ( we have no attorney) today at the works comp. Hearing with the Ms WC commission they put his case on hold. Later he received a call from WC commission saying the offer is way low and they see close to $117,000 and suggested we hire an... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 11, 2018

It depends on the facts of your case, such as the type of injury that your husband has. Your best bet would be to contact a worker's compensation attorney, who could then advise you as to the appropriate course of action.

1 Answer | Asked in Civil Litigation, Family Law, Probate and Wrongful Death for Mississippi on
Q: In a Mississippi wrongful death case is there a state law to say how the settlement is divided amongst family members?

In a wrongful death lawsuit for my brother, we have agreed on an amount and finished all things required by law. Everything will be completed on our court date in October. When we go to court will the judge or the executor decide upon the division?

Or is there a state law that requires the... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 11, 2018

In Mississippi, certain people may get first priority in terms of a settlement or award, depending on the facts of your case.

2 Answers | Asked in Civil Litigation, Contracts, Family Law and Small Claims for Mississippi on
Q: Is a verbal agreement binding if specifics are not read into the record?

Both attorneys for each party verbally agreed to specifics in my custody modification, but when my attorney read it into the record she left out many details stating they would be in the paperwork. A month later those details were not included, my attorney made the corrections when I insisted I... Read more »

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Dec 10, 2017

Typical litigation case. You should consult with your lawyer to see what he wants to do. If you want a second opinion on a case or change your lawyers to better manage your case than don't hesitate to reach out for a free consultation with an attorney.

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1 Answer | Asked in Civil Litigation and Traffic Tickets for Mississippi on
Q: My license was suspended for a traffic violation that was given in 2006. 11 years later. I didn't even remember gettin.

Is there a statue of limitations on this. Is there anything I can do? I wasn't living in MS in 2006. I was already in GA.

William C. Head
William C. Head answered on Aug 7, 2017

You may win the traffic case, but are facing a failure to appear for court. Contact a MS lawyer to get that case resolved, and then try to get your license reinstated. This also may require an attorney.

1 Answer | Asked in Civil Litigation, Wrongful Death and Personal Injury for Mississippi on
Q: Hello, does Mississippi have a law for Intentional Emotional suicide (IIED) due to a person harassed by spouse?

Hello...Does Mississippi State have an IIED law whereby a spouse is harassed and bullied to the breaking point of committing suicide? Intentional Emotional Distress. Can you please refer me to Case Law for wrongful death on this topic? Thank you for your help.

Peter N. Munsing
Peter N. Munsing answered on Aug 6, 2017

It would be up to the DA to charge. Contact a womens law project in your state for case law if any.

1 Answer | Asked in Civil Litigation, Criminal Law, DUI / DWI and Municipal Law for Mississippi on
Q: If you have the 5th ammendment right to remain silent, how can an officer cite or arrest a person for noncompliance

DUI or any other roadblock/ traffic stop

Paul Stanko
Paul Stanko answered on Oct 20, 2016

Noncompliance with what? The right to remain silent refers to testimony.

1 Answer | Asked in Civil Litigation for Mississippi on
Q: Is it possible to access online details of a lawsuit filed in federal court?
Clarence T. Guthrie III
Clarence T. Guthrie III answered on Jan 12, 2011

Yes. Go to http://www.pacer.gov/ and register for an account. Access to court documents costs $0.08 per page.

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