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Mississippi Banking Questions & Answers
1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: If I lived with a man for 11.5 years and we opened a joint checking account and a money market account then we split up

Can I legally withdraw money from either account without being sued or arrested for theft? What can or can I not do with this money???

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's a general overview of the situation, but please note that this is not legal advice and you should consult with a local attorney for specific guidance:

1. Joint accounts: Generally, when two people open a joint account, both parties have equal...
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1 Answer | Asked in Tax Law and Banking for Mississippi on
Q: MS Code § 27-7-1103 (2020): Can I transfer funds from my 1st time home buyer savings account to another account?

In reference to MS Code § 27-7-1103 (2020) and MS Code § 27-7-1101 (2020), I have an existing first time home buyer savings account already. Specifically in reference to item #3 in MS Code § 27-7-1103 (2020), can I close the account and deposit the cashiers check into my main bank account a... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on my understanding of the Mississippi Code sections you referenced (MS Code § 27-7-1103 and § 27-7-1101) here are the key relevant points:

1. MS Code § 27-7-1103(3) states that funds withdrawn from a first-time home buyer savings account must be used for eligible costs related to...
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2 Answers | Asked in Bankruptcy, Foreclosure and Banking for Mississippi on
Q: If a car is returned to the bank, can they take social security money in a checking account?

The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 3, 2024

Social security benefits are generally exempt under most if not all state laws, so general creditors cannot use the court systems to capture your benefits.

Most banks are federally chartered, or are insured by the FDIC, and because of that, tend to comply with federal law and requirements....
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1 Answer | Asked in Banking for Mississippi on
Q: If I received insurance check for storm damage can bank cash and hold check because of lack of signature?

Insurance check made out to mortgage company and me, I signed and deposited check, bank cashed check but put hold on it until mortgage company signs, mortgage company won't sign until check reissued by insurance company. Check issued Feb. 2023. Insurance says can't reissue because bank... View More

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

While I do not practice in Missouri, generally speaking, you will want to contact the Missouri Department of Insurance who should be willing to step in to assist. I see no reason that the mortgage company wouldn't be willing to sign off on the original check, for your back to cancel the... View More

1 Answer | Asked in Consumer Law and Banking for Mississippi on
Q: If the bank who I make my car payment to system rejects my payments and I’m not notified for months can they repo my car

The month I bought my car my credit union was bought out. I got welcome packet. It said I needed to do nothing and the transition would be uneventful. I noticed the first two payments were not made so I went into branch, paid them and made sure it would be deducted monthly. I change banks and set... View More

James L. Arrasmith
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answered on Nov 12, 2023

In your situation, the potential for repossession depends on the terms of your loan agreement and the bank's policies. If the bank's system rejected your payments and you were not notified for months, you may have grounds to dispute the repossession.

It's important to...
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1 Answer | Asked in Estate Planning, Real Estate Law and Banking for Mississippi on
Q: My mother-in-law did a transfer on death for her home that she owned and lived in with her two adult sons. One son is my

Husband. He lived there taking care of her and working from home part of time and at our home in Arkansas. MIL left house with TOD in my husband's name only because his brother had so many school loans and she didn't want "the big man" getting on his part. Apparently there is a... View More

Nina Whitehurst
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answered on Feb 26, 2023

When your husband sells the home, the home equity line of credit will need to be paid off in order to pass free and clear title to the buyer. Yes, the gift of half of the proceeds to your husband's brother would be a taxable gift to the extent in excess of $17,000. However, there is a... View More

1 Answer | Asked in Bankruptcy, Personal Injury, Traffic Tickets and Banking for Mississippi on
Q: Trying to get a lawsuit

Lawsuit on Greenville police department, Sheriff department and sexual harassment on ambulance driver

Arthur Calderon
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Arthur Calderon
answered on Jan 3, 2022

Unfortunately, without more information, there is not enough information to go on. I would highly recommend that you reach out to a lawyer to go over the facts and circumstances of your case, so that you can determine what can be done.

2 Answers | Asked in Banking and Real Estate Law for Mississippi on
Q: The bank that services my mortgage has denied me a copy of the contract. What can I do?

Truth in lending

Anthony M. Avery
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answered on Jun 30, 2021

You may be looking for something else. But the important instruments are the Mortgage which is recorded at the Courthouse. The Note is secured by the Mortgage, and there should be some Note terms in the Mortgage. The loan servicer is not the lender, and probably owes you nothing as you are... View More

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1 Answer | Asked in Estate Planning, Banking and Probate for Mississippi on
Q: Can stepson take entire savings in mine and now deceased husbands bank account

We had put my stepson on the account in the event something happened to us he would have access. My husband passed away suddenly and within a matter of days my stepson had taken entire amount and will not speak to me. Is there anything I can do to get my money back since he was on the account. I... View More

Nina Whitehurst
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answered on Feb 14, 2021

This is a classic case of do it yourself estate planning gone wrong. It might be theoretically possible for you to recover the money, but you will have to sue your stepson to get it back, and you will have the burden of proving that the money was yours and not his. You did not say how much money... View More

1 Answer | Asked in Banking, Insurance Defense and Mergers & Acquisitions for Mississippi on
Q: I have been to several rehabs and have good insurance each time that paid for it in all. Now the rehabs are sending me

Bills not ins company now I get a claim letter I mail for bankruptcy what does this mean please please help me

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2020

A Mississippi attorney would be able to advise best, but your question remains open for two weeks. From what you describe, it's possible that your insurance carrier became insolvent and went into receivership. This is only a guess because you mention that the billing facility mentioned... View More

1 Answer | Asked in Banking for Mississippi on
Q: I received a check from a company I was going to advertise for..my bank approved it and cashed it.

Turns out the check was fake. The bank says I’m liable for the money. The teller at the bank that helped me Took the check to a superior it was approved and cashed

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 22, 2019

The reason the bank is looking to you for the money they lost is because you cashed the check and have the money.

1 Answer | Asked in Employment Law, Family Law, Workers' Compensation and Banking for Mississippi on
Q: I got fired from a bank because I did steal but put back the money. Been trying to get in touch with a ceo and nothing

I use to work at community bank. I’m pregnant and no one would hire me. What do I do?

Arthur Calderon
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Arthur Calderon
answered on Jan 1, 2020

You really need to consider reaching out to a criminal defense lawyer, as there will likely be criminal charges coming down the pipeline. Depending on the circumstances, you may be able to avoid jail time and having this go on you record. Feel free to reach out to any lawyer on here by clicking the... View More

1 Answer | Asked in Immigration Law, Products Liability and Banking for Mississippi on
Q: If you didn't know about the crime ! Or anything , but you gave the criminal a ride hows that assasry after the fact ?
Tim Akpinar
Tim Akpinar
answered on Sep 26, 2019

You could repost this, adding Criminal Law to your categories. It looks like you're asking about "Accessory After the Fact." That's something a criminal defense attorney would know about. Good luck

Tim Akpinar

1 Answer | Asked in Banking, Contracts, Libel & Slander and Personal Injury for Mississippi on
Q: Hello, I am considering pursuit of any money delagated to lamar county residents for compensation of the salmon and re

Ated projects. The cancer rate, effects on soil, water, animals, and children.

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2019

As a starting point, you could contact an environmental attorney or toxic tort attorney in Mississippi and ask if they would give you a free initial consultation. Keep in mind that these types of cases could require considerable budgets. They can involve costly soil and water sampling and analysis... View More

1 Answer | Asked in Banking and Civil Litigation for Mississippi on
Q: As the custodian of a UTMA account, can I close the account and give the money to the minor before the age of 21?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 10, 2019

If the age of majority in Mississippi is (still) 21, and if the minor is not yet 21, then the minor is still a minor; right? Think about that.

1 Answer | Asked in Banking, Civil Litigation, Employment Discrimination and Employment Law for Mississippi on
Q: bank told my employer that they had wrong direct deposit information and directed employer to change without my consent

I put on my employment form a direct deposit information the correct information however the bank sent an email to my employer stating it was wrong and gave another account ( which isn't mine ) but I had already had a direct deposit from my employer the week prior. now they stated that my... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 8, 2019

Regardless of the bank SNAFU, if you are receiving pay for the time worked you have no viable claim. Litigants MUST have a real injury in order to sue somebody.

1 Answer | Asked in Banking and Business Formation for Mississippi on
Q: Is it considered forgery if your wife signs your name to a check without husbands permission
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 26, 2019

This question is not as easy as it appears. The answer would depend upon several other factors, including whether the husband and wife have a joint checking account, whether the husband has allowed his wife to sign his name to checks in the past, whether the money involved was money that only the... View More

1 Answer | Asked in Banking for Mississippi on
Q: Can a credit union bank take funds from your account to pay a delinquent credit card balance?

Does a credit union bank have the authority to take funds from a consumer's checking account to pay a delinquent credit card payment if the credit card was opened through the bank?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 26, 2019

Yes. Any regulated financial institution has a legal "right of set off" in situations where there is money in one account but insufficient money in another account at the same bank. And it does not matter if there are other people who also own the account where the bank takes the money... View More

1 Answer | Asked in Banking for Mississippi on
Q: I have a joint checking account with my mother. The bank gave a printout to my brother of our account. His name is not

on the account. He doesn't have access to the account. I did not give consent for him to obtain this information. Was this illegal?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 26, 2019

Technically, yes. Banks are not supposed to release information to any client about another client without permission. However, having been a commercial bank officer in a different lifetime, I also know that this happens frequently when the bank employees know or have known that the person asking... View More

1 Answer | Asked in Banking and Collections for Mississippi on
Q: received judgment against employer for failure to answer and execute garnishment, what now?
Baskin Lowber Jones
Baskin Lowber Jones
answered on Feb 1, 2018

Contact an attorney about your judgment or defaulted garnishment.

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