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Questions Answered by Randall R. Saxton
1 Answer | Asked in Tax Law for Mississippi on
Q: Does Mississippi allow churches as a 501(c)3 to have a consumer's certificate of exemption on sales tax?

We have come from other states that do have exemptions for churches on sales tax and It just seems odd that Mississippi would not as well

Randall R. Saxton
Randall R. Saxton answered on Sep 25, 2019

No, Mississippi does not exempt religious organizations from sales tax. However, churches may be exempt on the purchase of utilities if they qualify for a federal income tax exemption under 26 USCS Section 501(c)(3) if the utilities are used on a property that is primarily used for religions or... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
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

Randall R. Saxton
Randall R. Saxton answered on Aug 7, 2019

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.

1 Answer | Asked in Tax Law for Mississippi on
Q: I have a public sale state tax lien on my record how long is the statue of limitation in the state of mississippi
Randall R. Saxton
Randall R. Saxton answered on Oct 30, 2018

"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 »

1 Answer | Asked in Business Formation for Mississippi on
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.

Randall R. Saxton
Randall R. Saxton answered on Oct 3, 2018

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.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Must a KY will that leaves nothing to the children mention the children? If it doesn't is it contestable?
Randall R. Saxton
Randall R. Saxton answered on Mar 14, 2018

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.

1 Answer | Asked in Estate Planning, Elder Law and Land Use & Zoning for Mississippi on
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 »

Randall R. Saxton
Randall R. Saxton answered on Mar 8, 2018

Yes, you can set up a trust to transfer the assets into with your desired stipulations.

1 Answer | Asked in Estate Planning for Mississippi on
Q: In Mississippi do wills need a notary as well as witnesses
Randall R. Saxton
Randall R. Saxton answered on Mar 2, 2018

The will does not have to be notarized, but you should have the witnesses sign a Self Proving Affidavit which does require a notary.

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
Q: Looking into buying a vehicle that was in bankruptcy.. owner has no title bankruptcy has been discharged..
Randall R. Saxton
Randall R. Saxton answered on Feb 15, 2018

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.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I filed an apartment under bankruptcy 5 years ago can I reapply at the same apartment?
Randall R. Saxton
Randall R. Saxton answered on Jan 25, 2018

Yes, you may reapply, but whether you are accepted will depend upon that company's policies.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Mississippi on
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 »

Randall R. Saxton
Randall R. Saxton answered on Jan 24, 2018

A probate case would have to be opened to transfer the property to you.

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
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?
Randall R. Saxton
Randall R. Saxton answered on Jan 16, 2018

You should contact an estate planning attorney to help you set up a trust.

1 Answer | Asked in Tax Law and Child Support for Mississippi on
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

Randall R. Saxton
Randall R. Saxton answered on Jan 16, 2018

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.

1 Answer | Asked in Bankruptcy for Mississippi on
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.

Randall R. Saxton
Randall R. Saxton answered on Dec 26, 2017

If you secure a source of income, you could catch up the car payments that are behind through a Chapter 13 plan.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I am on Chapter 13 bankruptcy. I just had a baby and struggling. Can you get a personal loan while im on bankruptcy
Randall R. Saxton
Randall R. Saxton answered on Dec 18, 2017

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.

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Employment Law for Mississippi on
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 ?

Randall R. Saxton
Randall R. Saxton answered on Nov 11, 2017

Yes, you could be charged for the creditor’s additional attorney fees if you are found to owe the debt.

2 Answers | Asked in Bankruptcy for Mississippi on
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?

Randall R. Saxton
Randall R. Saxton answered on Mar 29, 2017

You should contact a local bankruptcy attorney for a free consultation.

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1 Answer | Asked in Bankruptcy for Mississippi on
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

Randall R. Saxton
Randall R. Saxton answered on Feb 23, 2017

No. Debts discharged in a bankruptcy proceeding aren't usually considered taxable income.

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on
Q: can bankruptcy take my settlement money if I filed bankrupcty 4 years before ?
Randall R. Saxton
Randall R. Saxton answered on Feb 7, 2017

Up to $10,000 in personal injury awards are exempt per Miss. Code Ann. § 85-3-17

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Am I able to purchase a business in bankruptcy?
Randall R. Saxton
Randall R. Saxton answered on Jan 7, 2017

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.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I file for bankruptcy does that clear out my student loan debt?
Randall R. Saxton
Randall R. Saxton answered on Oct 25, 2016

Federal student loans are not dischargeable in bankruptcy.

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