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Mississippi Civil Litigation Questions & Answers
2 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Mississippi on
Q: Is it a breach of contract if investor added extra fees post-signing?

I'm based in Mississippi and attempted to secure a hard money real estate loan with an investor from Phoenix, AZ. We signed a contract online, which stipulated an origination fee to be paid, and the loan funds were to be disbursed within one business day upon completion and verification of... View More

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2025

A Mississippi attorney could advise best, but your question remains open for two weeks. Yes, it could be a breach, and it could also be a misunderstanding due to communication. From a textbook standpoint, one party acting on their own does not usually have authority to change the terms of a... View More

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1 Answer | Asked in Medical Malpractice, Civil Litigation and Products Liability for Mississippi on
Q: Inquiry about potential class action lawsuits related to Watchman procedure device migration.

I had the Watchman procedure on 04/10/2022 at the Baptist Hospital in Jackson, MS, and it was not successful as the device migrated. My doctor considered its removal but decided to wait six weeks to check it again. It hadn’t migrated further, but I remain concerned and cautious, especially with... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2025

A Mississippi attorney could answer best, but your question remains open for a month. The name does come up in searches, but you would need to research more closely if the context is related to recalls, litigation, or other. Check online, and look into whether product liability law firms handling... View More

1 Answer | Asked in Probate, Real Estate Law, Insurance Bad Faith and Civil Litigation for Mississippi on
Q: How can I contest relatives unlawfully seizing inheritance in MS?

I suspect my relatives unlawfully seized my inheritance in Mississippi, including property and insurance left by my deceased father Ralph Bishop, an heir to his father, Frank Hagmon Bishop, a Navy veteran. Despite my rightful ownership, assets were transferred, perhaps to California, with potential... View More

Anthony M. Avery
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answered on Mar 5, 2025

If you feel real property should have been inherited by you, hire a MS attorney to search the title and determine heirship. If you are a tenant in common, sue the other recorded tenants either for Partition or possibly Ejectment. Time is of the essence here. As to insurance, contact the... View More

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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Q: Filed a 1983 civil rights claim in Mississippi while incarcerated and need help with what I have to do with judges order
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answered on Jun 17, 2024

When you receive a judge's order regarding your 1983 civil rights claim, the first step is to read the order carefully and understand what is being asked of you. Pay attention to any deadlines or specific actions you must take, as missing these could negatively impact your case.

If the...
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1 Answer | Asked in Civil Litigation for Mississippi on
Q: My car was towed off of private property by the owner even though I live there with them. Is this legal in MS

The car was not in the way and they never had asked me to move it

James L. Arrasmith
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answered on Jun 10, 2024

In Mississippi, whether it's legal for the property owner to tow your car depends on several factors. If you live on the property and were not blocking access or causing any other issues, it may not be lawful for the owner to have your car towed without prior notice. Generally, a property... View More

1 Answer | Asked in Insurance Bad Faith, Civil Litigation, Landlord - Tenant and Small Claims for Mississippi on
Q: As a Pro Se Litigant in a smalls claim case. Defendant has hired an attorney he has filed a motion seeking Act (11-55-1)

I need know should I file a rebuttal?

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Mississippi attorney could advise best, but your question remains open for a week. Only a local attorney could advise meaningfully on local laws. But as a general point that applies nationwide, until you are able to consult with a local attorney, motions do warrant a response (and generally... View More

1 Answer | Asked in Civil Litigation for Mississippi on
Q: Neighbor refuses to do anything about beaver dam on his property that is causing damage and water backup on my property
James L. Arrasmith
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answered on Mar 1, 2024

Dealing with a neighbor who refuses to address a beaver dam causing water backup on your property can be frustrating. In such situations, it's important to understand your rights and possible courses of action. The first step is often to try and communicate your concerns directly to your... View More

2 Answers | Asked in Employment Law, Civil Litigation, Gov & Administrative Law and Municipal Law for Mississippi on
Q: My car was towed from my job today saying I am suppose to have a FedEx handicap placard which *we don’t have* instead of

The handicap card I had displaying on my windshield. I have it because my disabled mother lives with me and we are sharing my car at the moment while we get her vehicle fixed . I am her sole caretaker and my vehicle is the one she rides in. How can this be legal ? I have two small children and my... View More

James L. Arrasmith
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answered on Feb 25, 2024

It sounds like you're going through a very stressful and unfair situation. Being towed under these circumstances, especially when you rely on your vehicle for essential duties as a caretaker, is incredibly challenging. The first step is to gather all relevant documentation, including the... View More

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1 Answer | Asked in Civil Litigation for Mississippi on
Q: I send someone money on bitcoin cause I owe them and they don’t receive but it sent on my end can they take me to court

They live in New York and I live in ms and I owed them 200 so I sent 150 from my first check then they said just send 30 cuase they knew I had little money so I bitcoins them 30 yet they did not receive it says on my end that it sent though but not on there’s can they take me to court

James L. Arrasmith
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answered on Feb 23, 2024

In situations like this, it's essential to communicate openly and transparently with the person you owe money to. If there's a discrepancy between what you sent and what they received, it's crucial to address the issue calmly and try to resolve it amicably. Providing proof of the... View More

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 Civil Rights and Civil Litigation for Mississippi on
Q: If police search your car and cause damage to it are they free of responsibility for the damages?

The police pulled my car stereo out of the dash and broke the frame that holds it in. Even though the search was clean they said they are not financially responsible for the damages.

James L. Arrasmith
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answered on Dec 5, 2023

When police conduct a search of a vehicle and cause damage, they are not necessarily free from financial responsibility for the damages caused. The specific circumstances of the search, including its legality and the manner in which it was conducted, are key factors in determining liability for any... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Mississippi on
Q: Could I have a case of racial profiling? I was publicly searched and held by police at a store for shoplifting.

I am a black female. I was wearing a hoodie and sweat pants. Seemed like I was being watched as soon as I entered the store. Before leaving the store two officers approached me and told me to hand over my purse in front of the entire store. The officer also lifted my hoodie. After being searched... View More

T. Augustus Claus
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answered on Nov 16, 2023

In your case, it is certainly possible that you were racially profiled. The fact that you were a black female wearing a hoodie and sweatpants and that you were being watched as soon as you entered the store suggests that your race and clothing may have played a role in the officers' decision... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Mississippi on
Q: What should I do if I submitted a Notice of Claim in Mississippi regarding a compensatory lawsuit and haven't received a response?

I submitted a Notice of Claim to a state government agency in Mississippi regarding a compensatory lawsuit on March 10, 2025. I haven't received any response yet. I believe my deadline to file the lawsuit is today, April 11, 2025, based on Mississippi law, which requires a Notice of Claim with... View More

James L. Arrasmith
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answered on Apr 13, 2025

You’re in a time-sensitive situation, and it’s important to act promptly. Under Mississippi law, the state government typically has **90 days** to respond to a Notice of Claim before you can proceed with filing a lawsuit. Since you submitted your notice on March 10, 2025, your 90-day period... View More

1 Answer | Asked in Workers' Compensation, Civil Litigation and Personal Injury for Mississippi on
Q: Can I sue a company for negligence and file for workers' comp?

I have filed a lawsuit against a company for negligence related to health issues that I did not initially know qualified for workers' compensation. Some workers may have already received compensation. I am considering filing for workers' compensation now. Can I pursue both workers'... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, you can pursue both a workers' compensation claim and a negligence lawsuit against your employer, but there are some important factors to consider. Workers' compensation is a no-fault system, meaning you can receive benefits for injuries or health issues related to your job, even if... View More

Q: Help with motion for reconsideration after probation revocation in Mississippi.

My boyfriend was originally charged with burglary 10 years ago and served 8 years in prison. After being released on probation, he was arrested on January 5th for a domestic violence simple assault charge, which was subsequently dismissed. Despite this, his probation was violated, leading to a... View More

James L. Arrasmith
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answered on Apr 13, 2025

What you’re going through is incredibly hard, especially when your boyfriend’s recent arrest was dismissed and the main issue comes down to unpaid court costs. A motion for reconsideration gives the judge a chance to re-evaluate the sentence, especially if new facts, changed circumstances, or... View More

Q: How long is the deadline to file a lawsuit in Mississippi regarding a housing authority eviction starting April 2024?

I gave a Notice of Claim to the Water Valley Housing Authority in Water Valley, Mississippi, regarding my eviction that began in April 2024. During the eviction hearing, I believe the Executive Director lied under oath, stating she was following all HUD rules, which I contest. I've contacted... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Mississippi, the time limit to file a lawsuit regarding housing disputes, including evictions, depends on the specific legal grounds of your case. If your claim involves a violation of federal housing laws or the violation of rights under the Fair Housing Act, you typically have one year from... View More

1 Answer | Asked in Tax Law and Civil Litigation for Mississippi on
Q: What should I do about a summons under Mississippi Code 11-17-1 for unpaid taxes?

I received a summons under Mississippi Code 11-17-1 related to unpaid taxes, which I believe amount to around $700. The summons requires me to respond by April 30. I have not received any previous communications regarding this issue. What steps should I take in response to this summons?

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answered on Apr 12, 2025

Receiving a summons under Mississippi Code 11-17-1 indicates that the state is seeking to collect unpaid taxes, and the first step is to carefully review the summons for details on the amount owed and the specific tax year in question. Since you were not notified previously, it is important to... View More

1 Answer | Asked in Contracts, Business Law, Consumer Law and Civil Litigation for Mississippi on
Q: What legal actions can I take for breach of contract and misrepresentations affecting my business?

I had a company offer my company a product at an agreed-upon price, and after I sent payment, they changed the price and never sent the product. This was about three weeks ago. We communicated through text messages to agree on the price. After I canceled the payment, the company offered to send the... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s incredibly frustrating, especially when you acted in good faith and were relying on this product to meet your own business obligations. In Mississippi, a clear agreement—like the one you made through text messages—can form a legally binding contract if there was an offer, acceptance,... View More

1 Answer | Asked in Contracts, Civil Litigation and Personal Injury for Mississippi on
Q: How to retrieve my car after it was taken without payment?

I discussed selling my car to a gentleman for an estimated amount of $2,500, including a $500 loan he had given me two months prior. Without a written agreement or a set price, he picked up the vehicle without my knowledge when I wasn't present, and I still have the car's title. Despite... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a tough and frustrating position to be in, especially when someone takes your property without paying and then disappears. Since there was no written agreement and you still have the title, legally, the car is still yours. Possession without ownership doesn’t give him the right to keep... View More

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