Mississippi Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Mississippi Questions & Answers
Q: What legal action can I take against my apartment complex for neighbors disturbing the peace.
1 Answer
| Asked
in
Contracts, Intellectual Property, Municipal Law and Landlord - Tenant
for
Mississippi
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Griffin Klema's answer
Depending on what your state's law provides for noise ordinances, nuisances, or disorderly conduct, you may be able to pursue a civil action against the tenants under a theory of "negligence per se."
As for the property owner or management company, they too may be liable under similar legal theories. You may be able to pursue such matters in small claims court, seeking an injunction and possibly also damages.
I recommend you discuss the above possibilities with a lawyer...
Depending on what your state's law provides for noise ordinances, nuisances, or disorderly conduct, you may be able to pursue a civil action against the tenants under a theory of "negligence per se."
As for the property owner or management company, they too may be liable under similar legal theories. You may be able to pursue such matters in small claims court, seeking an injunction and possibly also damages.
I recommend you discuss the above possibilities with a lawyer...
Q: I was in a bad wreck while on divery for pizza inn they post to have auto insurance on me but didn't so are they liable
1 Answer
| Asked
in
Insurance Defense, Car Accidents and Workers' Compensation
for
Mississippi
on
Answered on Sep 1, 2017
Answered on Sep 1, 2017
Peter Munsing's answer
You want to check with a member of the Miss. Trial Lawyers Assn/Assn for Justice who handles comp--they give free consultations.
You would have a claim but it's not the type of claim that's going to give you relief, now.
So get the consult because your type of situation will be very fact specific. Grab a copy of the police report while you're at it.
You want to check with a member of the Miss. Trial Lawyers Assn/Assn for Justice who handles comp--they give free consultations.
You would have a claim but it's not the type of claim that's going to give you relief, now.
So get the consult because your type of situation will be very fact specific. Grab a copy of the police report while you're at it.
Q: I place an order at a Chinese restaurant. I informed them I was allergy to seafood, and they place shrimp on my plate.
1 Answer
| Asked
in
Personal Injury, Products Liability and Civil Rights
for
Mississippi
on
Answered on Aug 31, 2017
Answered on Aug 31, 2017
Peter Munsing's answer
Ask for a refund. I assume you didn't have anaphylactic shock. Understand you do not get a recovery for what could have happened but for what did happen.
Ask for a refund. I assume you didn't have anaphylactic shock. Understand you do not get a recovery for what could have happened but for what did happen.
Q: I have won a wrongful death lawsuit for the death of my brother. Can my winnings be garnished for my debt?
Peter Munsing's answer
Once you get the check they can be. In other words they can't garnish them at the insurance company level. Why not discuss this with your attorney?
Once you get the check they can be. In other words they can't garnish them at the insurance company level. Why not discuss this with your attorney?
Q: If my dad didn't have a will but listed mom as beneficiary on a life ins., will that work as a will for wrongful death?
Peter Munsing's answer
Your mother should consult with a member of the Miss. Assn for Justice/Trial Lawyers Assn--they give free consults.
Generally, a lot depends on if the children were children of your father or not, and if they are minor children. She needs a lawyer on her side and should get a free consult, at least.
Your mother should consult with a member of the Miss. Assn for Justice/Trial Lawyers Assn--they give free consults.
Generally, a lot depends on if the children were children of your father or not, and if they are minor children. She needs a lawyer on her side and should get a free consult, at least.
Q: What is the difference between DUI and DWI?
William Head's answer
Different states use different acronyms. No difference, in reality.
Drunk driving, it drugged driving, or impaired by both.
Different states use different acronyms. No difference, in reality.
Drunk driving, it drugged driving, or impaired by both.
Q: My license was suspended for a traffic violation that was given in 2006. 11 years later. I didn't even remember gettin.
William Head's answer
You may win the traffic case, but are facing a failure to appear for court. Contact a MS lawyer to get that case resolved, and then try to get your license reinstated. This also may require an attorney.
You may win the traffic case, but are facing a failure to appear for court. Contact a MS lawyer to get that case resolved, and then try to get your license reinstated. This also may require an attorney.
Q: Hello, does Mississippi have a law for Intentional Emotional suicide (IIED) due to a person harassed by spouse?
1 Answer
| Asked
in
Civil Litigation, Wrongful Death and Personal Injury
for
Mississippi
on
Answered on Aug 6, 2017
Answered on Aug 6, 2017
Peter Munsing's answer
It would be up to the DA to charge. Contact a womens law project in your state for case law if any.
It would be up to the DA to charge. Contact a womens law project in your state for case law if any.
Q: I hit an unattended vehicle in a parking lot I left a note with my name but put the wrong number on note and was cited .
Peter Munsing's answer
Contact an attorney who handles cases in that courthouse. You don't want to represent yourself. Maybe they can get you a deal where you plead to a different offense that doesn't have a heavy penalty.
Contact an attorney who handles cases in that courthouse. You don't want to represent yourself. Maybe they can get you a deal where you plead to a different offense that doesn't have a heavy penalty.
Q: Is a house sold to an LLC months before death free from medicaid or medical bills?
Inna Fershteyn's answer
It depends if this transfer can be deemed as"fraudulent conveyance". Usually anything done to avoid paying creditors especially less than 6 months before would be questioned.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
It depends if this transfer can be deemed as"fraudulent conveyance". Usually anything done to avoid paying creditors especially less than 6 months before would be questioned.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
Q: Can someone get a vehicle financed but get the check in someone else's name without them knowing?
1 Answer
| Asked
in
Contracts, Products Liability, Federal Crimes and Identity Theft
for
Mississippi
on
Answered on Jun 12, 2017
Answered on Jun 12, 2017
Peter Munsing's answer
You would know if he financed it. If you sold it you got the proceeds because it's in your name.
He should ask you just to sign the check over to him.
You would know if he financed it. If you sold it you got the proceeds because it's in your name.
He should ask you just to sign the check over to him.
Q: what can I do ab onoxious neighbors and their kids being up and loud and 1am or later?? it's getting out of hand.
1 Answer
| Asked
in
Personal Injury, Real Estate Law, Land Use & Zoning and Landlord - Tenant
for
Mississippi
on
Answered on May 29, 2017
Answered on May 29, 2017
Peter Munsing's answer
The township or police can be called. It's difficult with neighbors as they can take things personally. I have no magic answer.
The township or police can be called. It's difficult with neighbors as they can take things personally. I have no magic answer.
Q: What is a written responsive pleading
David Earl Phillips' answer
If you are in Chapter 13 and the Trustee has filed a Motion to Dismiss your case for non-payment, then you can either get the money to the Trustee that is needed to bring your Plan current or file a written response to the Motion to Dismiss that explains to the Court why you are behind in payments and how you intend to make up these amounts. If you have an attorney they would be making this response for you based on the information you give them. If you do nothing, in our District the case...
If you are in Chapter 13 and the Trustee has filed a Motion to Dismiss your case for non-payment, then you can either get the money to the Trustee that is needed to bring your Plan current or file a written response to the Motion to Dismiss that explains to the Court why you are behind in payments and how you intend to make up these amounts. If you have an attorney they would be making this response for you based on the information you give them. If you do nothing, in our District the case...
Q: My boyfriend lied on his B2 visa application that has an employer. Will this keep him from getting a visa in the future?
Rehim Babaoglu's answer
Yes. He needs to show that he has strong ties to his country to convince the U.S. Consulate that he will return. Such evidence consists of: long-term employment, spouse & or children remaining behind, land ownership, business ownership, and assets in the home country. He should wait a minimum of 6 months before trying again, and even then he may be denied. Unfortunately, he fits a profile: single males & females 18-40 who have nothing holding them home. Therefore, their intent to return after...
Yes. He needs to show that he has strong ties to his country to convince the U.S. Consulate that he will return. Such evidence consists of: long-term employment, spouse & or children remaining behind, land ownership, business ownership, and assets in the home country. He should wait a minimum of 6 months before trying again, and even then he may be denied. Unfortunately, he fits a profile: single males & females 18-40 who have nothing holding them home. Therefore, their intent to return after...
Q: can you sue a hospital for Anastomotic leak
1 Answer
| Asked
in
Health Care Law and Medical Malpractice
for
Mississippi
on
Answered on Apr 17, 2017
Answered on Apr 17, 2017
Peter Munsing's answer
Depends what happened, how, and what the result is.
Contact a member of the Miss. Assn for Justice that handles medical cases--they give free consultations.
Depends what happened, how, and what the result is.
Contact a member of the Miss. Assn for Justice that handles medical cases--they give free consultations.
Q: Is it slander if someone shows the surveillance video of you to someone else without your permission
Charles Joseph Stiegler's answer
Slander only applies if the statement is false. In other words, if they told someone you were stealing, but you weren't actually stealing - that would be slander. Here, the video is not false, therefore it is not slander.
Slander only applies if the statement is false. In other words, if they told someone you were stealing, but you weren't actually stealing - that would be slander. Here, the video is not false, therefore it is not slander.
Q: My employer just issued a new handbook. In it, it states that you are allowed to used sick leave for immediate family.
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Mississippi
on
Answered on Mar 30, 2017
Answered on Mar 30, 2017
Charles Joseph Stiegler's answer
The company is free to define "immediate family" however it wants for the sake of its own policy. I agree that most people would consider parents to be immediate family, but the company is not legally required to give you sick leave for your parents' illness.
The company is free to define "immediate family" however it wants for the sake of its own policy. I agree that most people would consider parents to be immediate family, but the company is not legally required to give you sick leave for your parents' illness.
Q: Is there a time set that an insurance company has to payout after papers have been signed for a wrongful death lawsuit?
Peter Munsing's answer
Not unusual. If there was a hold for social security /medicare to say no claims that would explain it. Lawyer not paid unitl it's done, so they'll be working it. Chill.
Not unusual. If there was a hold for social security /medicare to say no claims that would explain it. Lawyer not paid unitl it's done, so they'll be working it. Chill.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
