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Mississippi Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for Mississippi on
Q: I am in desperate need of help. Who can I talk to?

I am in desperate need of help. I am being held in Marshall County Ms and my civil and constitutional rights are being grossly violated along with other inmates. The showers and plumbing have drainage issues and always back up. We have no access to light the lights in the cells do not work and... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 11, 2022

You may want to consider either you or your family contacting an experienced criminal defense and constitutional lawyer to get on board and handle the criminal matter and the civil rights violations. Feel free to reach out to any lawyer on here by clicking the contact information next to their... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Elder Law for Mississippi on
Q: Hello. What type of attorney would be best suited to handle cases for neglected/unfinished repair services over $4000?

The hired contractor was paid in full prior to the completion of his services. Unfortunately, the contractor did not complete the repair services. In the process of his services, he performed a makeshift repair that ultimately failed. Several attempts were made to reach the contractor thereafter... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 26, 2022

From the looks of it, you have a civil suit against the contractor under several theories, with the obvious one being breach of contract. The main thing that you need to worry about is the statute of limitations, because, depending on some of the details, that statute could run (meaning that you... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Mississippi on
Q: What do I need to do when someone signed my name on a waiver?

My dad is in a nursing home and he has no idea what his wife has been doing with his affairs. She petioned conservatorship over him and I strongly believe she is the one who forged my name to document waive of jonder(?) I know I didn't sign anything cause she told no one what she was doing.she... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Feb 18, 2022

You should file an objection to the waiver, which can be something as simple as stating that you did not sign the waiver filed with the court and that you object to the conservatorship. You should also contact the attorney representing your stepmother and appear at the time and place set for... Read more »

1 Answer | Asked in Civil Litigation for Mississippi on
Q: I was falsy arrested and almost killed by an officer can he be punished? I live in Columbus, Ms

I can't get help with my medical bills or a call back and I can't work now. I've lost everything.

Arthur Calderon
Arthur Calderon answered on Feb 9, 2022

It always depends on the situation; however, the first question is whether that officer put charges on you and for what. This is important because if there is a civil lawsuit, it will likely hinge on what happens with the criminal case. Regardless, it is in your best interest to reach out to... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Mississippi on
Q: A 30 day period is given to a defendant to submit an answer to a complaint; Should the time include weekends/holidays?

In the State of Mississippi, for civil litigation, it is outlined in MRCP Rule 6 (Time) how to compute time. It mentions if the amount of time is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the time period. It does not mention verbatim an other time... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 6, 2022

The time does include weekends and holidays; however, the rules also speak to whether the deadline to file an answer falls on a weekend or recognized holiday.

1 Answer | Asked in Civil Litigation for Mississippi on
Q: Is a neighbor you share a backyard fence with required by law to pay half when the fence needs replacing? (Mississippi)

This was an existing fence in a portion of my backyard when I purchased my home in 2003. It fell down during Katrina and my neighbors added 2x4 support boards to the existing frame and hung it back up. It’s an eyesore and it’s rotten and falling down. I have written them and tried to discuss... Read more »

Michael Graves
Michael Graves answered on Oct 25, 2021

The fence belongs to (i.e., is owned by) whoever's property it is on. There may be a zoning/building ordinance in your city/county that requires that the "smooth" side of the fence be on one side or the other, you would need to check that with your local planning and/or building... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation, Federal Crimes and Landlord - Tenant for Mississippi on
Q: My car was damaged at my apartment complex while parked and as a result of a comission of a crime

Could the Apartment Owners be liable for damages to my car. The Apt. Manager was informed several times in the past year of a person who was banned from Apts had been selling drugs

Tim Akpinar
Tim Akpinar answered on Oct 15, 2021

A Mississippi attorney could advise best, but your question remains open for two weeks. It could be fact-specific in terms of security measures. There is no universal "yes" or "no" answer. Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Civil Litigation for Mississippi on
Q: My son has someone else’s car parked on my property and I want it removed. Am I within my right to have it towed?
Hiten H Patel
Hiten H Patel answered on Sep 23, 2021

Yes. If you did not give permission to the owner to allow them to park the vehicle on property that you own.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Mississippi on
Q: Can a witness write a statement an go to court an give t totally different statement
Arthur Calderon
Arthur Calderon answered on Jul 16, 2021

Yes, they can, and it happens quite a lot more often that people realize. Usually, whenever a witness does something like that, they are putting their credibility at risk.

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1 Answer | Asked in Personal Injury and Civil Litigation for Mississippi on
Q: In a case where you are suing someone for damages they did to you can their attorney request your cellphone records

I was hurt an seekingbrecovery now their attorney wants my cellphone records

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

If it s relevant , but only for the day and hour at issue.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Mississippi on
Q: My child's father came to get our child and has not returned her in almost 2 months.

I'm unable to communicate with her father and have to go through his fiance and she barely picks up the phone. I haven't talked with my child in weeks because they never pick up the phone. I contact via Facebook messenger and barely get a message back. I've asked over and over... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

You need to get in touch with an experienced family law attorney. First and foremost, the main question that I have is whether there is a custody order already in place. If there is, that would outline all visitation matters, in which case there is a good chance that you can file a complaint... Read more »

1 Answer | Asked in Civil Litigation for Mississippi on
Q: How can I get my car if it was towed bc I was taken to the hospital
Tim Akpinar
Tim Akpinar answered on Apr 19, 2020

I hope you are recovering from your injuries. Contact the police precinct that responded to the accident. The traffic safety officers at the scene would have made arrangements with a collision service that would have taken away your car on a flatbed truck when the ambulance took you to the... Read more »

1 Answer | Asked in Civil Litigation for Mississippi on
Q: If I burn my garbage on my on property,, can I still be charged for garbage collection.

I am considering filing suit against the company.

Tim Akpinar
Tim Akpinar answered on May 4, 2020

You can; those services are not generally on an "opt out" basis. And if there are ordinances forbidding burning garbage, you could incur fines or penalties with that. Given the current health crisis, other forms of penalties or charges could also materialize. You don't want to do... Read more »

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Mississippi on
Q: Asking for son. He is 100% disabled from a oil field accident and is a widower with very little money.

A tree fell into his house but insurance engineer states it did not photo's show different. It has 9 broken 2x6's. He was put in hospital after the insurance company was told his condition and continued to call, have medical records. Have their engineering report which is bad and they... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 29, 2020

It sounds like there is definitely the beginnings of a bad faith claim. I would highly encourage you to reach out to a lawyer. You can reach out to any lawyer on here by clicking the contact information next to their name. Most of us, myself included, are happy to provide a free consultation to see... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Libel & Slander for Mississippi on
Q: Is it considered slander for someone to post personal information about an employee on your business page?
Tim Akpinar
Tim Akpinar answered on Feb 6, 2020

Slander consists of verbal defamation. If in writing, it would be libel. But there is nothing mentioned about the statement being false and damaging. So it is possible that it is not any form of defamation. It could be a privacy or confidentiality-based violation. Your post remains open for four... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: I was arrested for possession, and my gun was confiscated. What do I need to do to get my gun back?

First time offense. Legally own the firearm. Also how do I keep the offense off of my record. All of this occurred in Mississippi.

Arthur Calderon
Arthur Calderon answered on Dec 16, 2019

You need to reach out to an attorney sooner, rather than later. The first thing that I wonder is whether you have already been convicted. Regardless, a lawyer may be able to help, but it is going to depend on the actual charge and current status of the case.

1 Answer | Asked in Real Estate Law and Civil Litigation for Mississippi on
Q: What must an attorney file if he is entering the case on behalf of the defendant after the defendant filed his Answer?

Defendant filed answer pro se in Mississippi Chancery court. This is a case of encroachment -- house built partly on defendants land.

Anthony M. Avery
Anthony M. Avery answered on Nov 29, 2019

Usually the lawyer files and serves a Notice of Representation. Sometimes an Amended Answer under Leave of Court is necessary, especially in a land case where the Defendant does not know what the law is.

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 Civil Litigation and Contracts for Mississippi on
Q: I have documents and letters from Raymond Lee organization Inc to my grandfather of them wanting 20% of his invention.

1971 . Then in 1976 Raymond Lee organization patent his design without him. What can I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2019

Hire a patent lawyer who knows a good litigation lawyer.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Civil Litigation for Mississippi on
Q: Is it possible to file an injunction against defendants to request to complete destructive work for an inspection?

There is a lawsuit in court for breach of warranty due to defects that have impaired the value of the home. However, there is an area in the flooring that is has been slowly caving in. Also, it is slowly spreading out. This may be caused from potential toxic hazardous chemicals. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 28, 2019

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