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Mississippi Consumer Law Questions & Answers
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

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 Consumer Law for Mississippi on
Q: Can’t get a title from dealership.

Bought vehicle sept. 5th and can’t get a title from the dealership. Excuse after excuse. They have even been contacted by Mississippi title registrar. Do I have any options?

T. Augustus Claus
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answered on Oct 26, 2023

Contact the Dealership: Keep reaching out to the dealership, request a clear timeline for the title's delivery, and document all your communication.

Mississippi Title Registrar: Since the title registrar has been involved, continue working with them to exert pressure on the dealership...
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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Mississippi on
Q: Would this be a break in the Title Chain?

I completed a sale contract as a buyer with my realtor to buy a home from the seller who had a broker. In the contract I request both my sister and I to be on the warranty deed. Signing the Closing Disclosures I was the only one listed as borrower, no Co-Borrower. My Sister signed a non applicant... View More

Anthony M. Avery
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answered on Dec 18, 2023

The Deed of Trust has nothing to do with the Title. Somebody thinks your Sister is either a tenant in common, an occupant or a notemaker. So they required her signature also on the TD. If wrong, you should not have executed the transfer.

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Education Law for Mississippi on
Q: Can you appeal a school Board's decision of a district transfer in Ms?

My child goes to the public school here in the It's state grade rank is F. They do not learn anything from the teachers bc the students are so out of control during class. My kids come home crying every day bc they're being bullied or harassed by other students, mainly racial slurs bc... View More

T. Augustus Claus
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answered on Jul 14, 2023

it may be possible to appeal a school board's decision on a district transfer. Start by reviewing the school district's transfer policy and procedures. If the district has an appeals process, follow the specified steps and deadlines to submit a formal appeal.

1 Answer | Asked in Consumer Law for Mississippi on
Q: Should I pay for a canceled order that was delivered?

I accidentally ordered an item from an online seller and requested for a cancellation. The seller acknowledged my request and refunded the payment. They also sent me an email to verify that my item was canceled and my refund is being processed. The following week, the item I thought I canceled... View More

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2023

A Mississippi attorney could advise best, but your question remains open for four weeks. No one here could make a decision for you, but the decent thing to do would be to return the item. The seller showed good faith in returning your payment. It sounds like the item was shipped in error, and not... View More

1 Answer | Asked in Consumer Law, Foreclosure, Land Use & Zoning and Real Estate Law for Mississippi on
Q: if we are paying a mortgage are we suppose to be listed in public records as the owner?

i was looking at my appraisal documents and it has some other people as owners in public record.

Anthony M. Avery
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answered on Nov 16, 2022

Just because you are paying the Note does not make you a titled owner of land. Hire an attorney to search the Title and determine ownership.

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Mississippi on
Q: What type of lawyer can handle seven different areas of law? Mainly around consumer rights.

I had an accident on May 15th and I have several issues with the procedures and what has stemmed from the aftermath. In regards to my finance company, previously lawyer and the insurance company. And they all have different areas of law. So I'm reaching out to try to find a lawyer that can... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2022

A Mississippi attorney could advise best, but your question remains open for four weeks. It might be difficult to find an attorney who meets all seven areas of law on your list, depending on what they are. Instead, it might be easier to find an attorney who deals with the major areas of importance.... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Consumer Law for Mississippi on
Q: Do I have to sign documents in the process of my auto insurance co. paying my auto finance co. for a total loss car?

My vehicle was considered a total loss on May 15th, 2022. The insurance company did not contact me about when they decided to make it a total loss. I had contact. them. the only time they contacted me was when. They received my recorded statement after that point. I was the one reaching out and... View More

Arthur Calderon
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Arthur Calderon
answered on Aug 10, 2022

It really depends on the circumstances; however, when it comes to the consideration of total property loss, the insurance company still has an obligation to keep their insured (you) in the loop. Assuming that they did not and that you have a lawyer representing you on any type of personal injury... View More

1 Answer | Asked in Consumer Law for Mississippi on
Q: Can I legally sell tobacco to someone who is 21 but their ID shows they are under 21 yet the ID isnt expired but isvalid
Arthur Calderon
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Arthur Calderon
answered on Jun 20, 2022

Generally speaking, probably not, considering that it would seem that you know that the person is underage. That being said, if the person is definitely old enough, then it sounds like it may be an issue that that particular person may need to clarify to have their age corrected on their ID to... View More

1 Answer | Asked in Consumer Law for Mississippi on
Q: What can I do to get back a 2000.00 refund for windows I paid down on but did not get from a company in Arkansas.

I paid a down payment on some windows in November 2021. I canceled the order because the company kept changing the installment date. The owner claims to have mailed my refund but the check was returned to him and he cancel it. He text me a copy of another check that he wrote on May 23, 2022, and... View More

Arthur Calderon
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Arthur Calderon
answered on Jun 20, 2022

In this situation, the window provider is in breach of contract for failing to fulfil their terms of the agreement. Your best bet is going to be to either hire a lawyer in Mississippi or perhaps Arkansas to sue the provider for breach of contract.

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... View More

Arthur Calderon
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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... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Elder Law for Mississippi on
Q: What type of lawyer specialty would held a client who had a 'Visiting Angles' caregiver steal from them?

Incident occured in Hattisburg, MS.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 17, 2021

Any Mississippi lawyer can help you with this issue; however, if you are alleging that someone stole from you or a family member, the thing to do would be to contact law enforcement to file a complaint with them so that an investigation and arrest can be completed. If you are looking to recoup the... View More

1 Answer | Asked in Consumer Law and Products Liability for Mississippi on
Q: My disabled significant other, who suffered a stroke, was sold a vehicle to which the title does not match.

My significant other, who has questionable reasoning skills, at best, due to a major stroke, paid cash (quite a bit) to a “friend” for an “antique” vehicle. (As a matter of fact, I have durable POA.) When attempting to resell the vehicle, it was determined the vehicle does not match the... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

You are right. It's up to them to give you good title. Otherwise sue them for the money paid.

1 Answer | Asked in Consumer Law and Libel & Slander for Mississippi on
Q: Can I do anything if I was wrongfully accused of stealing in a store? No law was involved, but I was humiliated.

I entered into the store I shop at on a regular basis on October 21 at 2:30pm . I walked into the store and went straight to the aisle to get a Drone I had seen the past week that I was going to purchase. A lady, who appeared to be an employee told me I need to leave the store. She said she had me... View More

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2020

A Mississippi attorney could advise best, but your post remains open for four weeks. At this point, you could reach out to attorneys who handle such cases, but keep in mind that such matters would not be likely to be handled on a contingency basis. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Family Law, Legal Malpractice and Small Claims for Mississippi on
Q: How can I legally access my deceased fathers lawsuit settlement?

My father passed a few months prior to a settlement being reached in a class lawsuit. I reached out on his behalf and was told to submit necessary documents(death certificate, affidavit, etc). I did so by certified mail to insure proper delivery. Yet they've still refused to relinquish his... View More

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2020

A Mississippi attorney could advise best, but you await a response for four weeks. I'm sorry for the loss of your father. It looks like you already made diligent efforts. Ask the case administrators at the firm what further information is necessary. This might be something where more than... View More

1 Answer | Asked in Consumer Law and Collections for Mississippi on
Q: If someone is in default on credit cards, what recourse do the creditors have? Unemployed individual owns home no mortg

Can the Credit Card companies sell the home even though the individual is unemployed? Can they seize bank accounts or investment acct even though the individual is unemployed etc?

David Luther Woodward
David Luther Woodward
answered on Oct 21, 2020

They can sue you and reduce their claim to judgment which can result in a judgment lien.

I am not admitted in Mississippi, but here in Florida it would not affect your owning your house free and clear because of our constitutional homestead protection; however, I cannot quote you the Miss....
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1 Answer | Asked in Consumer Law and Contracts for Mississippi on
Q: I bonded a friend out and paid $1000 cash. Turns out they made a mistake and he had a hold. Can I get my $ back

I bonded a friend out of jail and paid the bonds person $1000. Not even 12 hours later they picked him back up and said he wasnt ever supposed to be bonded out because he had a hold with the department of corrections. Can I get my $1000 back? Who regulates bond companies?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 11, 2020

Unless you can convince the bond guy to return your money you are out of luck. Why? Because they will say that they did their job--kept your friend out of stir--and are entitled to keep the bond you paid. Lesson learned: Don't bond out any more friends.

1 Answer | Asked in Consumer Law and Probate for Mississippi on
Q: If my husband dies while paying a secured loan, am I responsible for that loan. Can they take the collateral from me?

My husband made a loan and used a lot of our household stuff.Can they take that from me or make me pay his debt? We live in Mississippi which is not a community property state.

Nina Whitehurst
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answered on Jan 23, 2020

If you stop making the payments, they can take the collateral for the loan. This is true whether or not they make a claim as a creditor in probate.

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
Q: I believe the statutes of limitations on delinquent credit card debt in Mississippi is 3yrs. When does that 3yrs, start

Is it from the date of the last payment made on the account or does it start 180 days after the last payment made on the account

Randall R. Saxton
Randall R. Saxton
answered on Aug 7, 2019

The statute of limitations starts on the date of last activity on your account. This could be the date you last made payment, but it could also be the date you last used the account, made a promise to pay, entered a payment agreement, or acknowledged liability for the debt.

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