Questions Answered by Randall R. Saxton
Q: I believe the statutes of limitations on delinquent credit card debt in Mississippi is 3yrs. When does that 3yrs, start
Is it from the date of the last payment made on the account or does it start 180 days after the last payment made on the account
The statute of limitations starts on the date of last activity on your account. This could be the date you last made payment, but it could also be the date you last used the account, made a promise to pay, entered a payment agreement, or acknowledged liability for the debt.
Q: I have a public sale state tax lien on my record how long is the statue of limitation in the state of mississippi
"Depending upon tax type, the statute of limitations begins running when a tax return is filed, or on the due date of the return. The statute of limitations is typically 36 months from that date as specified in the various tax laws.
If a tax return is filed prior to the due date of the... Read more »
Q: Have a loan through republic finance, hardship, unable to make payments, afraid of what they can do to me.
It's almost impossible to pay them off, but have faithfully paid them for 4 years, I have considered filing bankruptcy but don't know where to start of if I have enough debt to do so. I need help.
You should meet with a local bankruptcy attorney for a free consultation to discuss your options. There is no “minimum” amount of debt required to file.
Q: Must a KY will that leaves nothing to the children mention the children? If it doesn't is it contestable?
In most states, there are laws that say children who aren't mentioned in a will can petition for a portion of their parents’ estates to prevent accidental disinheritance. Because of these laws, a testator should specifically mention a child they want to disinherit.
Q: We wanted to leave our land and store to our grand-daughter, under the condition that it's not sold.
How do we go about leaving the land and the structures on it to our deceased son's daughter in our will (and makes sure our grand-daughter is going to keep it) over our daughter with this condition in place? Our daughter will attempt to take it from her and then sell the land as soon as we are... Read more »
Yes, you can set up a trust to transfer the assets into with your desired stipulations.
Q: In Mississippi do wills need a notary as well as witnesses
The will does not have to be notarized, but you should have the witnesses sign a Self Proving Affidavit which does require a notary.
Q: Looking into buying a vehicle that was in bankruptcy.. owner has no title bankruptcy has been discharged..
The owner will need to contact the lender to see if the lender will release the title. The lender is not required to do so if their lien was never paid.
Q: If I filed an apartment under bankruptcy 5 years ago can I reapply at the same apartment?
Yes, you may reapply, but whether you are accepted will depend upon that company's policies.
Q: In the state of Mississippi does a person get ownership of a piece of property that was left to him in a will.
My dad and his wife had a loan together and they put all the properties up to secure the loan. Of those properties 3 of the properties are in my late dad's and wife's name. Which would easily pay the loan off. Would the properties that were left to me have to go up for sale as well? Or can I obtain... Read more »
A probate case would have to be opened to transfer the property to you.
Q: Want to set up a trust so land can't be sold, only passed to family members in Mississippi. What do I need for this?
You should contact an estate planning attorney to help you set up a trust.
Q: My divorce papers say I can claim two children and my ex wife can claim two children but for this past tax year all the
Children and my ex wife lived with me and I supported them all. So do I have to go by what the divorce papers said? They say that I can only claim two
If the children lived with you for at least six months of the tax year and if you provided more than half of their living expenses for the tax year or if you get the noncustodial parent to sign an IRS Form 8332, you can claim them.
Q: I was discharged in October, and I haven't worked since October 31 due to surgery, and now behind on car note.
I have no income coming in at for the last three months. I filed the car on bankruptcy, but reaffirmed loan.
If you secure a source of income, you could catch up the car payments that are behind through a Chapter 13 plan.
Q: I am on Chapter 13 bankruptcy. I just had a baby and struggling. Can you get a personal loan while im on bankruptcy
Yes, if the lender agrees, you can either pay the post-petition debt outside of your plan or request court approval for the debt to be added to your plan.
Q: i recently got a garnishment notice from my employer but i never was served any court papers for the lawsuit
if i got to the court to have my hearing done again can the creditor ask for additional money ?
Yes, you could be charged for the creditor’s additional attorney fees if you are found to owe the debt.
Q: I am considering bankruptcy, but I'm not sure if I qualify. I am currently 60 or more days past due on bills.
I have tried to consolidate my bills without success. I have creditors calling threatening wage garnishment and being sued. What do I need to do to find out if I qualify for pro bono help?
You should contact a local bankruptcy attorney for a free consultation.
Q: Disabled daughter files bankruptcy on government housing loan will she owe the IRS
Husband passed away after the loan was made she struggled can no longer make payments three children receiving Social Security benefits oldest child 18 will no longer receive benefits
No. Debts discharged in a bankruptcy proceeding aren't usually considered taxable income.
Q: can bankruptcy take my settlement money if I filed bankrupcty 4 years before ?
Up to $10,000 in personal injury awards are exempt per Miss. Code Ann. § 85-3-17
Q: Am I able to purchase a business in bankruptcy?
If the business is in a Chapter 7, you can purchase all of the assets of the business. The Chapter 7 Trustee assigned to the case will advertise an auction.
Q: If I file for bankruptcy does that clear out my student loan debt?
Federal student loans are not dischargeable in bankruptcy.
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