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Mississippi Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: If alcohol monitoring is ordered in temporary hearing and all tests are passed can it be removed in final decree ?

My ex has a more experienced lawyer than I can afford and she brought into the hearing a public intoxication charge. We are granted joint custody with a breathalyzer during my weeks . I’m fine with it and doing great but I’m terrified in mediation or trial he will attempt to keep this order... View More

T. Augustus Claus
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answered on Feb 1, 2024

In Mississippi, the conditions set forth in a temporary hearing, such as alcohol monitoring, can be subject to modification in the final decree. If all alcohol tests during the temporary period are consistently passed and there are no further concerns about alcohol abuse, it's possible to... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Mississippi on
Q: If your marriage doesn’t work or compatible after marriage , what is the process for a divorce
James L. Arrasmith
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answered on Jan 29, 2024

If you are considering divorce due to incompatibility in your marriage, the process generally begins by filing a petition for divorce with your local court. This petition should state the grounds for divorce, which in many states can simply be "irreconcilable differences" or a similar... View More

1 Answer | Asked in Consumer Law, Collections and Car Accidents for Mississippi on
Q: How do i pursue action against auto body shop that cashed insurance check and has now filed bankruptcy

My car was involved in an accident in Sept and went to a insurance agent referred shop. The shop owner gave the runaround about waiting for parts for two months. Finally the shop owner said he had 95% of parts and would work on the car. The next month the owner claimed his shop was closing. Fast... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 23, 2024

Since he has now filed for bankruptcy, you will need to pursue the matter through the bankruptcy court. I recommend that you consult a bankruptcy attorney to determine whether a proof of claim needs to be filed, to get you on the list of creditors, etc. Be aware that you will probably not receive... View More

2 Answers | Asked in Business Formation and Business Law for Mississippi on
Q: I was needing to know if u can be sued for opening a franchise in Ms,that the same franchise is already operating in Ms

was needing to know if you can be sued for opening a franchise in Ms, that the same franchise is already operating in Ms. Or can the owner operating under a franchise name, stop another individual from opening a business in a different location operating under the same franchise name?

Nashir Ahmed Kushol
Nashir Ahmed Kushol
answered on Jan 23, 2024

In general, the ability to open a franchise in a specific location, such as Mississippi, and whether an existing franchisee or the franchisor can take legal action against a new franchisee depends on several factors:

1. Franchise Agreements: The rights and obligations of franchisees are...
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1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Mississippi on
Q: Statute of limitations for aggravated assault by an authority figure

In 2016 I was in Corinth Mississippi walking to the store at approximately 7 in the morning. As I was walking a police car with his lights on pulled up in the turning lane and instructed me to come out to his vehicle. When I approached the car the officer got out of the car and asked me for my ID I... View More

James L. Arrasmith
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answered on Jan 21, 2024

Hi! Happy Sunday. Based on the facts provided, it seems the incident in question occurred in 2016 in Corinth, Mississippi.

The statute of limitations for aggravated assault in Mississippi is 2 years (Miss. Code Ann. § 99-1-5). However, the statute of limitations may be longer or not apply...
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1 Answer | Asked in Health Care Law and Medical Malpractice for Mississippi on
Q: I m in a hospital now with a metal rod sticking in the back of my leg from there brace. They just won't come help me..??
Tim Akpinar
Tim Akpinar
answered on Jan 23, 2024

A Mississippi attorney could advise best, but your question remains open for a week. You could express your concerns to the medical staff - but if there are many patients on the floor with staff stretched thin, they might not be able to promptly attend to every call for help. If the matter is more... View More

1 Answer | Asked in Child Support for Mississippi on
Q: My ex doesnt receive the full amount I pay in why is it because she receives food stamps and medical through the state

The full amount I pay in child support

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 17, 2024

If she is receiving state benefits the State will take their portion. Just make sure you are paying what you are ordered to pay, and you will be ok.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Mississippi on
Q: What type of new Deed transfers property from an Administratrix Deed in MS? After Death, but with Judge's Orders?

Because i still need to transfer title after filing Affadavit To Heirship(?)

THANK YOU!!!

James L. Arrasmith
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answered on Jan 13, 2024

To transfer property in Mississippi from an Administratrix Deed after someone's death with the judge's orders, you typically need to use a Quitclaim Deed or a Warranty Deed, depending on the circumstances.

First, ensure that you've filed the Affidavit of Heirship as required...
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2 Answers | Asked in Child Support and Family Law for Mississippi on
Q: Yes my daughter will be 20years old this November. And I was told she had actually moved out of hermoms @17 still paying

I'm still paying child support.shouldnt it have stopped by now?

T. Augustus Claus
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answered on Jan 12, 2024

In Mississippi, child support obligations typically continue until the child reaches the age of majority, which is 21 years old in this state. However, if the child is emancipated or has moved out of the custodial parent's home and is financially independent before reaching the age of... View More

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1 Answer | Asked in Civil Rights, Land Use & Zoning and Real Estate Law for Mississippi on
Q: My father owned 160 acres of land in Mississippi. I have the deed. Racial discrimination ran us off of it. Wht can I do?

My uncle was shot and killed, and they tried to kill my dad and my brothers. So we had to pack up everything and leave. Our neighbors just didn’t want black neighbors at the time. This was around 1950 ,but I still have the deed.

James L. Arrasmith
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answered on Jan 10, 2024

Your situation is deeply troubling and highlights a painful part of history. Holding the deed to the land is significant, as it establishes a legal claim. First, you should confirm the current status of the property. This can be done by checking the latest property records in the county where the... View More

2 Answers | Asked in Family Law, Criminal Law, Elder Law and Federal Crimes for Mississippi on
Q: Louisiana-my dad purchased our family home with money he collected from a lawsuit injury over 25 yrs ago. Then married.

The title of the house and property is exchanged several times between him and his sister and eventually his ex-wife(25 yrs younger) is add. They've been divorced for 8 to 10 years now and she's suing him for community property. His attorney said it was a mortgage on the house that she... View More

James L. Arrasmith
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answered on Jan 13, 2024

In Louisiana, the "dirty hands doctrine" is not a recognized legal doctrine that would automatically prevent someone from claiming community property in a divorce case. Community property laws in Louisiana can be complex, and the outcome of your dad's case would depend on various... View More

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1 Answer | Asked in Constitutional Law and Civil Litigation for Mississippi on
Q: My car was impounded Saturday night an police said if man turned himself In I could have my car he lead them on higChase

An now the towing company wanna charge me 600$ an said they had for 3 actually today makes 2 an there a hold on it still is it legal to charge me so much when the police put hold on it am there closed on Sunday an the mam turned himself in yesterday. They said we'll give your car back when he... View More

James L. Arrasmith
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answered on Jan 8, 2024

In Mississippi, when a car is impounded by the police, the towing and storage fees are typically the responsibility of the car owner. However, if there was a specific agreement or understanding with the police about releasing your car without charge upon the surrender of the individual involved in... View More

1 Answer | Asked in Constitutional Law for Mississippi on
Q: My car was towed by police on Sat night my car was in high speed chase an so the deputy said that if the man turned

Himself in I can havr my car well the towing company said it's 600$ as of today an they had it three days an there still a hold on it am the guy turned himself in yesterday around 2. Is this legal to do this hold my car an charge Me these fees

James L. Arrasmith
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answered on Jan 8, 2024

In Mississippi, when your car is impounded by the police, especially after being involved in a crime like a high-speed chase, the towing and storage fees usually fall to you as the owner. The legality of holding your car and charging fees typically depends on the policies of the local police... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I would like to know how to file motion of dismissal after I've not been indicted in 2 years on C/S charge in 9/21

I understand there's no set time for indictment but can I argue the due process to a speedy trial argument and file for a motion to dismiss being it's taking 2 years and still no indictment. The c/s was not in my possession it was in the car I was driving so constructive possession is... View More

Arthur Calderon
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Arthur Calderon
answered on Jan 9, 2024

The process of filing a motion to dismiss is relatively simple. What you will need to do, assuming you do this pro se, is just file the motion in the court where the matter is pending, and refer to the various Barker factors (time since arrest, whether the right to speedy trial was invoked, the... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Can I sue previous home owners for not disclosing information about a HOA. They didn't tell us that it existed

The home sits on a lake at the back of a cul de sac. The lake is accessible to those who live on it, and we are expected to pay annual dues. ($250) The HOA stated that the previous home owners did not pay dues because he stated they were remodeling the house.

Anthony M. Avery
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answered on Jan 8, 2024

Maybe but you should have searched the title prior to purchase. The property stands for the HOA fees, so you lose property if the encumbrance not paid.

1 Answer | Asked in Probate for Mississippi on
Q: In MS, What type of new property deed do I need to create &file for inherited property -after court, no will, w/Orders?
Anthony M. Avery
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answered on Jan 8, 2024

If probate is closed, then hire a MS attorney to determine heirship and record an Affidavit of Heirship as the heirs source of title. Remember someone has to pay taxes, insurance and any mortgage notes.

1 Answer | Asked in Tax Law and Real Estate Law for Mississippi on
Q: I am an unmarried spouse surviver, disabled more than 65 years old I own less than an acre of land, do I Have to Pay tax

How do i get the answer?

James L. Arrasmith
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answered on Jan 8, 2024

As an unmarried, disabled individual over 65 owning less than an acre of land, your tax obligations depend on various factors, including the location of the property and your income. Property taxes are generally levied by local governments, and the rules can vary significantly from one jurisdiction... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: What practice area covers loud and raucous noise from neighbor?

Looking for legal advice for disruptive loud and raucous noise coming from neighbor's property in close-quarter living conditions. What practice area of law should I reach out to in order to act on this?

James L. Arrasmith
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answered on Jan 5, 2024

For issues related to loud and disruptive noise from a neighbor, you would typically look into attorneys practicing in the area of real estate or property law. These legal professionals often handle disputes between neighbors, including noise complaints and other nuisances.

In some cases,...
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1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: In Mississippi, am I legally allowed to take my son out of the state either temporarily or permanently?

For a bit of background my son is now six years old, and the father has had no contact since he was approximately three months old. We were also never married, and there is no custody order in place given he chose to have no involvement. Does he need to be notified and/or give permission if I... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 5, 2024

Yes, you can take your child anywhere you want and for however long you want so long as you don’t have a court order preventing from doing that.

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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