Q: Can I still sue after submitting a Notice of Claim for an April 2024 eviction in Mississippi?
I submitted a Notice of Claim to Mississippi state employees in March 2025 concerning an eviction related to lease violations that began in April 2024. The eviction involved government HUD funds, and I'm aware there is a federal investigation ongoing. There's been no response from the management regarding my notice. I'm trying to understand my rights and deadlines for filing a lawsuit, specifically whether the statute of limitations has expired or if I still have time to sue. Could you provide guidance on this matter, considering Mississippi laws?
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A:
In Mississippi, submitting a Notice of Claim helps preserve your right to file a lawsuit, but it’s essential to understand the time frame within which you can take further action. The statute of limitations for filing lawsuits against government entities or state employees is usually limited to a specific period, typically 1 to 3 years, depending on the type of claim.
Since you submitted your Notice of Claim in March 2025, and the eviction occurred in April 2024, the time to file a lawsuit hasn't necessarily expired yet. Mississippi law typically allows a 1-year statute of limitations for civil claims related to lease violations, but the Notice of Claim likely paused the clock for that period, meaning you should still have time to file a lawsuit.
If you don’t receive a response within the required waiting period (usually 90 days), you may proceed with your lawsuit. To ensure you're taking the right steps and within the correct timeframe, consider consulting with an attorney who is familiar with Mississippi’s laws on government claims and evictions.
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