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Mississippi Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: My 17 year old was in a shoving match, and law enforcement was called. No one was arrested and other party had to leave.

The officer gave my son a lecture after hearing both sides. I as the parent broke up the altercation. The officer said if they come back everyone on the property will be arrested. He told my son you don't want your father arrested or yourself. My main question is since my son is only 17 a... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 27, 2021

As far as the altercation is concerned, the individuals involved would be the ones subject to arrest. When police arrived, anyone who fails to follow lawful commands or acts unruly would also be subject to arrest. If you supply prohibited substances to the minors or allow them to use them while on... Read more »

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 Family Law for Mississippi on
Q: Cps is holding custody of my son but the cps in my county has already decided not to remove my child

I had my son in a county I didn't live in when hospital called they lied filed false report dhs from my county started investigation and called hospital to tell them everything was fine baby is to be released to me. They did not like that answer after a bunch more hell they called the county... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 25, 2021

You need to hire an attorney immediately in order to make sure your rights as a parent are preserved. You do not say why your son was in the hospital or the reason that the hospital called CPS, so I cannot speak to that. CPS will eventually put you on a parenting plan that you should follow. That... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: How can I get my daughters back time child support. I have asked the child support office but they are not helping

If possible could she get the entire amount at one time? They told me she would only get $30 a month but she hasn't got any back time at all yet. Her dad hasn't paid child support since august.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 24, 2021

A complaint would need to filed with the court asking that he be found in contempt and asking for the back support, attorney’s fees, and expenses. The court can order that he be incarcerated, as well, but whether or not you receive the full amount in lump sum depends on how much is owed.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can I sue a creditor that keeps contacting me for payment after being notified the debt was included in bankruptcy?

I filed chapter 7 in 2019. A utilities provider has been contacting me for payment after I provided them with documentation showing their account was included in bankruptcy. It is my understanding this is illegal debt collection activity and I'd like to know if it would be beneficial to take... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 22, 2021

Until recently, any creditor who attempted to collect, by phone calls, statements by mail, or otherwise, any debt that was discharged in bankruptcy would almost certainly be sanctioned (made to pay money to the debtor) by the bankruptcy court.

Last year, the US Supreme Court revised that...
Read more »

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can loans owed directly to an institution be discharged through bankruptcy if the accounts were sent to collections?

I filed chapter 7 in 2019. I included several loans that were owed directly to the institutions (not gov't backed like Navient/Sallie Mae). These accounts were turned over to collections prior to me filing bankruptcy and were sent a bankruptcy notice. Am I still on the hook for the balances?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 22, 2021

It's the nature of the claim itself, and not who holds the claim, at the time of the bankruptcy filing, that determines how it will be handled in the bankruptcy. Claims being pushed by debt collectors are common, and just as commonly, are discharged in bankruptcy.

Certain types of...
Read more »

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1 Answer | Asked in Car Accidents for Mississippi on
Q: If trucker have accident but haven’t heard from the courts nor receive a ticket for the accident but it shows up on

Truckers record can the trucker fight it

Tim Akpinar
Tim Akpinar answered on Oct 22, 2021

Yes, you can. Protect your CDL. A Mississippi attorney could advise best, but your post remains open for two weeks and you probably have a small window of time in which to respond or appear, if you have not already done so or consulted with an attorney. If you're going at it alone, good luck.... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Health Care Law for Mississippi on
Q: Do y'all deal with mode cases I have black mode in my room
Tim Akpinar
Tim Akpinar answered on Oct 22, 2021

A Mississippi attorney could advise best, but your question remains open for a week. This is only a Q & A board. If you're seeking an attorney, you could go to sites that are attorney referral services. You could also search online independently or use the tab above (Find-a-Lawyer) to... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Mississippi on
Q: If my ex husband is not following the divorce papers and paying his half of my childrens extra expenses what do I do?

My divorce papers state that my ex husband is supposed to have insurance on my children and pay extra expenses for any extra curricular activities or expenses. My daughter has had braces twice and I’ve paid out of pocket neither him nor his insurance has paid anything and my son is taking college... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 21, 2021

You should retain an attorney and file a petition asking that your ex be found in contempt and requesting any amounts owed to you, including attorney’s fees, filing fees, and service fees.

1 Answer | Asked in Child Support for Mississippi on
Q: I live in MS. My child is 19, pregnant, working, not in college. Do i still have to pay court ordered child support?

I am up to date with my court ordered child support and no arrears.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 20, 2021

You will have to pay the support until you file a petition with the court asking that the support be terminated for the above reasons.

1 Answer | Asked in Probate for Mississippi on
Q: my father passed away in 1996. my family told me that he did not leave a will. I have recently discovered that he did.

Where can I get a copy of his will?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 19, 2021

If the estate was not probated, then you will have to get a copy from whomever has it. If it was probated, a copy should be attached to the petition filed at the courthouse.

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 for Mississippi on
Q: If my son's mother signed documents to take me off of child support can she file for child support again? ( Mississippi)

In 2017 my son's mother signed documents to take me off of child support. However they never stopped taking CS out of my check. Now the state of MS is coming after me for more money.

Do I have any legal recourse here? I'm being told that even though she signed those documents... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 14, 2021

Yes. She can refile for child support at any time prior to the child emancipating.

1 Answer | Asked in Traffic Tickets and Car Accidents for Mississippi on
Q: One of the lights on my rear light assembly cracked open and the bulb is exposed. Can a cop pull me over for that?

I accidentally backed into a mailbox one day. Luckily the mailbox wasn't damaged, but the rear blinker light on the passenger side of the vehicle cracked open and the bulb was shattered. Even if I put a new bulb in, the bulb itself will be exposed and visible. If a police officer sees this,... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 13, 2021

A Mississippi attorney could advise best, but your question remains open for three weeks. Probably, because in many places, that could prevent passing safety inspection. For more precise state-specific standards, a local attorney would know DMV safety checklist best. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law for Mississippi on
Q: How do I get my gun rights back being convicted of two non violent felonies in MS?
Arthur Calderon
Arthur Calderon answered on Oct 13, 2021

Depending on your sentencing order, you may be eligible for either an expungement of your record (even with two felonies) or a certificate of rehabilitation. I would highly encourage you to reach out to an experienced criminal defense lawyer to talk about your convictions, and they can walk you... Read more »

Q: Will I need to report to jury duty in Mississippi if I am stationed out of state as an active duty soldier?

I am an Active duty soldier who is stationed at Fort Drum, NY. I was informed by family I have a notice to show up to court on Oct 18th for jury duty but I am in NY at the moment. Am I exempt, or is there a way I can be exempt?

Arthur Calderon
Arthur Calderon answered on Oct 13, 2021

You should be exempt from jury service; however, you will need to make sure that you contact the court and provide them with paperwork reflecting that you are on active duty.

1 Answer | Asked in Sexual Harassment for Mississippi on
Q: From what I know theres no sexual assault in MS. How could a grown man be charged for slapping a 16 yr old girls butt?

I am a third party without all the information but from what I know this incident occurred at a Waffle House while both individuals were at work.

Arthur Calderon
Arthur Calderon answered on Oct 13, 2021

There is no sexual assault in the way that you may think; however, there are other laws that would be applicable, such as simple assault.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: If a cop pulls me over and lets me go on a no driver license ticket can they pull me over again for the same thing
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 11, 2021

Yes, they can. The best thing for you to do is get a driver’s license.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Mississippi on
Q: Can Ms cps stop parents from getting medical updates from hospital on baby? I have been cooperating and very involved

My baby is in NICU. MSCps took custody this week. I have called hospital every single day since she was born to check on her. They have restricted the hospital on giving me, her mother, any info. I have done andor currently everything they have asked. They said bc they havent heard my voice in... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 10, 2021

Yes, you have the right, as her mother, to receive medical information of your child, unless you were using that information in an inappropriate manner. If CPS continues to interfere with this right, you may have to contact the social worker’s supervision or go to court and ask that any such... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: Can i ask for child support modification when i retire from govt job of 30 years in MS as my income will be lower?

Will this retirement be considered voluntary if it's for the 30 years which is the benchmark retirement year? I will be 55 years old at that time. I'm also in bad health with multiple issues with my spine and knee and severe anxiety.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 8, 2021

Yes, you can ask for a reduction of child support at retirement; however, it will not be rubber stamped. The court will look at several factors while making a decision to grant or deny your request, e.g. your age, your health, the reason for the retirement, your ability pay, whether you can/will... Read more »

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