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Mississippi Questions & Answers
1 Answer | Asked in Car Accidents for Mississippi on
Q: Hi my insurance company paid for my towing service after my accident tow company want send an invoice

After my accident, the towing company was called by the police officer who investigated the accident my insurance send over paper work needed for the company to get paid now the company will not send over the invoice to my insurance company and still have my car

Arthur Calderon
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Arthur Calderon
answered on Oct 26, 2022

From the looks of it, you may want to consider talking with a lawyer to discuss the accident, as well as the steps that you or he may need to take to make sure that the towing company provides the paperwork.

1 Answer | Asked in Tax Law for Mississippi on
Q: Would I owe MS sale tax for digital wall art? No physical product, only digital download. The pics are stock photos.

I live and would operate in Mississippi. I have not started selling yet. I just wanted to know in advance. If I am exempt from MS sales tax, are there any forms that I have to fill out? Thanks,

Randall R. Saxton
Randall R. Saxton
answered on Oct 24, 2022

Yes, Mississippi requires that you collect sales tax on digital sales, and apply for a sales tax permit from the Department of Revenue.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: What role does estate lawyer play in MS when the courts appoints a non family administrator of intestate estate.

Mother died without will in MS. One of 9 heirs was unwilling to compromise on division of land and assets, Heirs hired an attorney but courts appointed a non family administrator. What will the attorney use our money for if there is an administrator.

Randall R. Saxton
Randall R. Saxton
answered on Oct 24, 2022

Mississippi requires a lawyer to draft and file all of the necessary pleadings with the chancery court.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My son is now 18. But his dad owes 11,000 in arrearage through DHS, who has not been enforcing. What are my options

His original payment was based on unemployment income years ago. He makes significantly more money the last few years and DHS said o

It was supposed to increase three years ago when I asked for a review and they sent him letters but never followed through. He has three storage buildings... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 21, 2022

A couple of things is going on here.

1. If your son is 18, what is he doing as far as school, employment, living arrangements, etc. he may or may not be emancipated.

2. If he is not emancipated, you should hire a private attorney and file for an increase in support. DHS usually...
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1 Answer | Asked in Child Custody for Mississippi on
Q: I agreed to give my in laws duralegal custody of my daughter a few years ago . how would I go about regaining custody
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 14, 2022

If your in-laws are in agreement, you and they will sign a joint petition and an agreed judgment. If not, you will have to serve them with a petition seeking custody. You will have to show a material change in circumstances adversely affecting your child that has occurred in their home…not that... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: We were awareded default judgement of $1,100, have received no payment, tenant was evicted. Can he be charged larceny?

Larceny of lease? The tenant did leave our property, but still no payment or promise of.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 12, 2022

What you are describing is a civil matter. You will have to collect on the judgment through the civil court through garnishment, seizure of assets, etc.

1 Answer | Asked in Family Law for Mississippi on
Q: Can a father in Mississippi take his 16 year old daughter to live out of state if she wants to live with him

Th child is living with her grandmother and on her hud housing she wants to go with dad mom doesn’t want her to go since it will ruin the benefits they get for her

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 11, 2022

It depends who has physical custody of the daughter by court order. If Dad does, then, yes, he can take her. If Mom or Grandmother do, then no. If there is no court order, then the question is open; however, this will necessitate filing an action in court to settle the issue.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is it against the law to still power from another person home, without the home owner permission?

Person next door to our home. Plugged an extension cord from our outside plug. Then dragged the extension to their property and plugged in their camper trailer. All happened during the night. Once there was daylight, they unplugged the extension cord and dragged it back to their camper trailer.... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 10, 2022

Yes. This is illegal.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If someone is on papers and they get pulled over and have a firearm how does the feds pick it up before court date

This person was convicted felon and he got stopped for no seatbelt one day and had a firearm and went to jail and was able to bond out and had an upcoming court date but when he reported to his PO the US Marshals had indicted him and I don't understand how or why

Arthur Calderon
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Arthur Calderon
answered on Oct 11, 2022

The federal system tends to work much faster than the state system. The other thing to remember is that the federal penalties tend to be much harsher than the state side, even for something as relatively small being a convicted felon in possession of a firearm. The person's best bet is going... View More

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can a garnishment be stop if I flie bankruptcy

They have already started taking money

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 7, 2022

I'm in PA, and here, once a creditor has executed on a judgment by issuing a writ, thereby "attaching" its judgment lien to specific personalty, e.g., your bank account, then that creditor enters your bankruptcy case, once you file, as a secured creditor. The claims of secured... View More

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1 Answer | Asked in Criminal Law for Mississippi on
Q: Are you ineligible for house arrest if u have ever been convicted of a crime previously

My public defender sd mdoc told him that was their new policy but I can't find a statute on it anywhere

Arthur Calderon
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Arthur Calderon
answered on Oct 8, 2022

Not necessarily. Usually, house arrest is something that is ordered by the court under statute, and MDOC monitors the person while they are under house arrest.

1 Answer | Asked in Child Support for Mississippi on
Q: If my children want to be emancipated to help me get off child support what are my options?

My daughter is 19 and my son is 22 i still have to pay child support to they mom, my children live together in Iowa I live in Mississippi and my children's mom lives in Florida my children get no support from their mom. My children have been living on they own for 1 and 1/2 years now. My son... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 4, 2022

Because your children are living independently from your ex-wife and your son is over 21, you should petition the court immediately to stop the child support and grant you credits toward any arrearage for the months that they have been living separately from her. They will not do this... View More

1 Answer | Asked in Family Law and Education Law for Mississippi on
Q: Can my child be enrolled under a former last name if the order was made to change and it has been changed for +1 year?

I, Dad, have joint legal custody, whereas 'Mom' has paramount physical, custody, and care. In the order, I was granted permission to change one of our daughters' names (Child S) as the other already had my last name (Child F). Child S is enrolled in school as SR instead of SH. She... View More

David Luther Woodward
David Luther Woodward
answered on Oct 3, 2022

You certainly recognize the problem, and the fact that a lawyer could help. You can order a birth certificate at the clerk's office in the county where she was born if it is in Florida. In other situations, contact the Bureau of Vital Statistics for the state of birth.

Once you have...
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1 Answer | Asked in Divorce, Child Custody, Child Support, Domestic Violence and Immigration Law for Mississippi on
Q: Does my husband have rights if he’s illegalHere during a divorce

I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you are charged with MALICIOUS MISCHIEF and PETIT LARCENY And live in another state can you get years in jail or pro
Arthur Calderon
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Arthur Calderon
answered on Oct 2, 2022

It really depends on the circumstances, such as whether the person has any previous convictions, amount of property damage, etc. That being said, with the right circumstances, it may end up being a situation where the charge could be nonadjudicated or dismissed with participation in a special... View More

1 Answer | Asked in Child Custody, Child Support and Military Law for Mississippi on
Q: I’m a military spouse. I have full sole custody of my 10-year-old son. I currently live in Italy until 2024.

I have custody papers I would like to know if they are still good even though i moved to another country. His dad has visitation and also signed for him to have a visa to live in Italy. He gets him during summer time June-August. He shares visitation with my parents who live in the same state as... View More

Sabra M. Janko
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Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2022

They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of... View More

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I get custody of my children will I still have to pay the arrears?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

Yes, you still have to pay any arrearage that has accrued. Child support cannot be forgiven once it has vested; however, you may be able to receive credits against the arrearage, depending on the circumstances. Whether you are entitled to credits is entirely up to the Court.

1 Answer | Asked in Child Support for Mississippi on
Q: Can my husbands ex wife serve me his child support modification documents?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 28, 2022

The requirements for a process server are: 1. 18 years or older, 2. not convicted of a felony, 3. not a party to the lawsuit. So, the answer is yes, if the ex-wife meets these requirements.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long do they have to indict you in the state of Mississippi if you are still being held with no bond
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... View More

1 Answer | Asked in Divorce for Mississippi on
Q: Does adultery have any persuasion in a divorce in Mississippi

A married female friend was caught having an affair. Does that mean she is entitled to nothing in a divorce?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 23, 2022

No, it does not mean that she is entitled to nothing. The court can grant the divorce to the husband on the ground of adultery. The court will then move to apportioning the property, awarding custody, and setting support in accordance with the prevailing case law. That is not to say that the... View More

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