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
- 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 (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Mississippi Questions & Answers
Q: Bridge out n they had no barriers up which caused me to run Into a excavator sitting In road is it my fault
Timur Akpinar's answer
One of the issues you could be confronted with here is the general responsibility to maintain a safe speed for given conditions and to maintain a lookout while driving, regardless of jurisdiction. I hope you were not injured, but based on possible injuries or damages, you could arrange a consultation with a Mississippi car accident attorney. They generally work on contingency and many provide free initial consults.
Tim Akpinar
One of the issues you could be confronted with here is the general responsibility to maintain a safe speed for given conditions and to maintain a lookout while driving, regardless of jurisdiction. I hope you were not injured, but based on possible injuries or damages, you could arrange a consultation with a Mississippi car accident attorney. They generally work on contingency and many provide free initial consults.
Tim Akpinar
Q: I have a contract that expired4/5 and extension expired 4/15. Seller does not want extension. Do we have a contract?
Bruce Alexander Minnick's answer
If you are the seller and intentionally breach the written contract you signed==depending upon the amount of money involved and the tenacity of the buyers--you may see a lawsuit seeking specific performance an/or consequential damages caused by the intentional breach. The seller may also have to pay attorney fees and costs if the contract provides for prevailing party fees and costs.
If you are the seller and intentionally breach the written contract you signed==depending upon the amount of money involved and the tenacity of the buyers--you may see a lawsuit seeking specific performance an/or consequential damages caused by the intentional breach. The seller may also have to pay attorney fees and costs if the contract provides for prevailing party fees and costs.
Q: I have my trademarked MargaretesFine Chocolates inc in name 10 years ago an has been renewed a few weeks ago,
Ahaji Kirk Amos' answer
I'm not sure what your question is.
The standard for infringement is the likelihood of confusion.
I'm not sure what your question is.
The standard for infringement is the likelihood of confusion.
Q: Is it true that now in Mississippi I can not evict a tenant for non payment of rent?
Arthur Calderon's answer
It is very much true; however, the landlord has to go through a specific process in order for the eviction to be legal.
It is very much true; however, the landlord has to go through a specific process in order for the eviction to be legal.
Q: If u have 2 chargers of 97-3-7(3) (1)??? and u no u didnt do it.wat should i do in court? i no not guilty??? Right
1 Answer
| Asked
in
Criminal Law, Civil Litigation, Civil Rights and Domestic Violence
for
Mississippi
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
Arthur Calderon's answer
You should 1) plead not guilty, and 2) talk with a lawyer so that they can get some additional facts about your case and see how they can help.
You should 1) plead not guilty, and 2) talk with a lawyer so that they can get some additional facts about your case and see how they can help.
Q: Per Divorce Decree other parent was to pay half of private school tuition and hasn't for 8 years. Can I do anything?
1 Answer
| Asked
in
Divorce, Family Law and Child Custody
for
Mississippi
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
Arthur Calderon's answer
Yes, you can initiate a contempt action against the other parent on behalf of the minor child.
Yes, you can initiate a contempt action against the other parent on behalf of the minor child.
Q: When two people own land in Mississippi and one passes away who is entitled to that persons share in the land?
Arthur Calderon's answer
It really depends on how the original deed was set up. On one hand, it could all go to the survivor; however, the deceased's share should pass to that person's heirs.
It really depends on how the original deed was set up. On one hand, it could all go to the survivor; however, the deceased's share should pass to that person's heirs.
Q: My son was charged with burglary of a vehicle, he is 18 and never been in trouble. What punishment is he looking at?
Arthur Calderon's answer
He's looking at a little bit of jail time; however, that being said, he has been charged with a non-violent crime, which helps him for sentencing purposes. I would highly encourage you to reach out to an attorneys sooner rather than later, as there may be a way to ensure that your son 1) doesn't do any jail time, and 2) avoids having this go on his permanent record.
He's looking at a little bit of jail time; however, that being said, he has been charged with a non-violent crime, which helps him for sentencing purposes. I would highly encourage you to reach out to an attorneys sooner rather than later, as there may be a way to ensure that your son 1) doesn't do any jail time, and 2) avoids having this go on his permanent record.
Q: My son has been charge with burglary of a vehicle. He is 18 and has never been in trouble before, what punishment?
Arthur Calderon's answer
He's looking at a little bit of jail time; however, that being said, he has been charged with a non-violent crime, which helps him for sentencing purposes. I would highly encourage you to reach out to an attorneys sooner rather than later, as there may be a way to ensure that your son 1) doesn't do any jail time, and 2) avoids having this go on his permanent record.
He's looking at a little bit of jail time; however, that being said, he has been charged with a non-violent crime, which helps him for sentencing purposes. I would highly encourage you to reach out to an attorneys sooner rather than later, as there may be a way to ensure that your son 1) doesn't do any jail time, and 2) avoids having this go on his permanent record.
Q: bank told my employer that they had wrong direct deposit information and directed employer to change without my consent
1 Answer
| Asked
in
Banking, Civil Litigation, Employment Discrimination and Employment Law
for
Mississippi
on
Answered on Apr 8, 2019
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
Regardless of the bank SNAFU, if you are receiving pay for the time worked you have no viable claim. Litigants MUST have a real injury in order to sue somebody.
Regardless of the bank SNAFU, if you are receiving pay for the time worked you have no viable claim. Litigants MUST have a real injury in order to sue somebody.
Q: In Mississippi what reason would police not have to test a person who hit a pedestrian who died as result of injuries?
1 Answer
| Asked
in
Car Accidents, Civil Rights and Wrongful Death
for
Mississippi
on
Answered on Apr 6, 2019
Answered on Apr 6, 2019
Peter N. Munsing's answer
No great reason unless the person had no sign of alcohol and claimed no use--they need probable cause, and if the person wasn't dead on the scene the fact there is a hit isn't enough.
No great reason unless the person had no sign of alcohol and claimed no use--they need probable cause, and if the person wasn't dead on the scene the fact there is a hit isn't enough.
Q: I keep getting water intrusion in my home every year when it rain because of none properly working street drains
Timur Akpinar's answer
One approach might be to film the overflow of relevant drains during a heavy rainstorm to show that they are not functioning as designed (possibly because of being blocked by debris). If town officials saw this, it's possible they could look into allocating resources to look further into the problem, or request funding from a higher level state agency if the matter presents an environmental concern.
Tim Akpinar
One approach might be to film the overflow of relevant drains during a heavy rainstorm to show that they are not functioning as designed (possibly because of being blocked by debris). If town officials saw this, it's possible they could look into allocating resources to look further into the problem, or request funding from a higher level state agency if the matter presents an environmental concern.
Tim Akpinar
Q: I have a joint checking account with my mother. The bank gave a printout to my brother of our account. His name is not
Bruce Alexander Minnick's answer
Technically, yes. Banks are not supposed to release information to any client about another client without permission. However, having been a commercial bank officer in a different lifetime, I also know that this happens frequently when the bank employees know or have known that the person asking for info is actually related to the other person whose account information is requested. So, if your brother asked the bank for info about his mother's account, I am not surprised to hear they gave it...
Technically, yes. Banks are not supposed to release information to any client about another client without permission. However, having been a commercial bank officer in a different lifetime, I also know that this happens frequently when the bank employees know or have known that the person asking for info is actually related to the other person whose account information is requested. So, if your brother asked the bank for info about his mother's account, I am not surprised to hear they gave it...
Q: Can a credit union bank take funds from your account to pay a delinquent credit card balance?
Bruce Alexander Minnick's answer
Yes. Any regulated financial institution has a legal "right of set off" in situations where there is money in one account but insufficient money in another account at the same bank. And it does not matter if there are other people who also own the account where the bank takes the money from either. I have advised many clients of the wisdom of having more than one bank account in separate banks because there is no right of set off when different banks are involved.
Finally, I have been...
Yes. Any regulated financial institution has a legal "right of set off" in situations where there is money in one account but insufficient money in another account at the same bank. And it does not matter if there are other people who also own the account where the bank takes the money from either. I have advised many clients of the wisdom of having more than one bank account in separate banks because there is no right of set off when different banks are involved.
Finally, I have been...
Q: Is it considered forgery if your wife signs your name to a check without husbands permission
Bruce Alexander Minnick's answer
This question is not as easy as it appears. The answer would depend upon several other factors, including whether the husband and wife have a joint checking account, whether the husband has allowed his wife to sign his name to checks in the past, whether the money involved was money that only the husband was entitled to have or was written to both of them and whether the husband wants to stay married.
This question is not as easy as it appears. The answer would depend upon several other factors, including whether the husband and wife have a joint checking account, whether the husband has allowed his wife to sign his name to checks in the past, whether the money involved was money that only the husband was entitled to have or was written to both of them and whether the husband wants to stay married.
Q: How do I repesent myself in identity theft charges?
Arthur Calderon's answer
That's an incredibly tough question. While the basics of practicing criminal law are straightforward, every case is unique, and requires a plan of action specifically catered to that case, its facts, and the law. Your best bet is going to be to see about either have a public defender represent you, or hiring an attorney.
That's an incredibly tough question. While the basics of practicing criminal law are straightforward, every case is unique, and requires a plan of action specifically catered to that case, its facts, and the law. Your best bet is going to be to see about either have a public defender represent you, or hiring an attorney.
Q: The steps to file for divorce from different states
Arthur Calderon's answer
Since he lives in Georgia, unless he contests it, it should be relatively straightforward and inexpensive. I would encourage you to reach out to an attorney to further discuss. Most attorneys on here, myself included, provide free consultations to see how we can help out.
Since he lives in Georgia, unless he contests it, it should be relatively straightforward and inexpensive. I would encourage you to reach out to an attorney to further discuss. Most attorneys on here, myself included, provide free consultations to see how we can help out.
Q: Do I have rights to my children's records if I am a non custodial parent and custody papers state I am entitled to know?
Arthur Calderon's answer
It is sure. So long as it is allowed under the court order, and you have joint legal custody, you are entitled to all information concerning your children.
It is sure. So long as it is allowed under the court order, and you have joint legal custody, you are entitled to all information concerning your children.
Q: Can I get papers at my court House for my daughter dad to sign his right over so my husband can adopt her?
Arthur Calderon's answer
Doubtfully. You will likely need to hire an attorney to file the necessary TPR paperwork and schedule a hearing so that the Court can ensure that the father is doing everything voluntarily and with full knowledge of what he is doing.
Doubtfully. You will likely need to hire an attorney to file the necessary TPR paperwork and schedule a hearing so that the Court can ensure that the father is doing everything voluntarily and with full knowledge of what he is doing.
Q: I reside in Mississippi. My ex wants me to pay college expenses 100%.
Arthur Calderon's answer
It depends. Is there a custody and child support order in place? If so, what does the child support order say?
It depends. Is there a custody and child support order in place? If so, what does the child support order say?
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