Mississippi Questions & Answers by Practice Area

Mississippi Questions & Answers

Q: My ex let me take my kids from Mississippi to where I live in Oklahoma can she legally make me bring them back ?

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Answered on Jun 27, 2017

If there are no prior orders, then you should file.
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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

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.
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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

The township or police can be called. It's difficult with neighbors as they can take things personally. I have no magic answer.
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Q: What is a written responsive pleading

1 Answer | Asked in Bankruptcy for Mississippi on
Answered on May 27, 2017

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...
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Q: My boyfriend lied on his B2 visa application that has an employer. Will this keep him from getting a visa in the future?

1 Answer | Asked in Immigration Law for Mississippi on
Answered on May 22, 2017

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...
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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

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.
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Q: Is it slander if someone shows the surveillance video of you to someone else without your permission

1 Answer | Asked in Libel & Slander and Employment Law for Mississippi on
Answered on Mar 30, 2017

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.
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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

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.
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Q: Is there a time set that an insurance company has to payout after papers have been signed for a wrongful death lawsuit?

1 Answer | Asked in Wrongful Death for Mississippi on
Answered on Mar 29, 2017

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.
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Q: I am considering bankruptcy, but I'm not sure if I qualify. I am currently 60 or more days past due on bills.

2 Answers | Asked in Bankruptcy for Mississippi on
Answered on Mar 29, 2017

You should contact a local bankruptcy attorney for a free consultation.
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Q: Sister named executor of Fathers will. House left to both of us. Can she rent the house before probate happens?

1 Answer | Asked in Probate for Mississippi on
Answered on Mar 20, 2017

Assuming your father has passed and his name alone was on the property, no one can do ANYTHING until probate has begun. You both (but particularly your sister who is the executrix/personal representative) need to consult with an local probate attorney ASAP and BEFORE you do anything with your dad's property.

Don't be too anxious to 'get this done' that you do it wrong and then have to UNDO things to make it right. That is a recipe for spending more than you need to!

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Q: Can I sue for hospital attracted ecoli infection 2 days after surgery? 3 months later im still recovering.

1 Answer | Asked in Medical Malpractice for Mississippi on
Answered on Mar 15, 2017

Contact a member of the Miss. Assn for Justice who handles medical carelessness cases. They give free consults. Be advised that infection cases are very tough.
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Q: If my child's father is incarcerated at the time of my child's birth can I still give the baby his last name?

1 Answer | Asked in Family Law for Mississippi on
Answered on Mar 4, 2017

Yes. The father does not have to sign birth certificate, and you can put his name on it no matter where he is.

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Q: is it legal for a judge to send a man to prison after he signed a plea for a fine & probation. It was for 1 yr txs.

1 Answer | Asked in Criminal Law for Mississippi on
Answered on Feb 28, 2017

Yes, the judge can enter whatever sentence he or she wants so long as it is within the law. The plea was with the government, not the court. I have seen people plea and then get the maximum sentence anyway.
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Q: Can you use the sholder to decelerate to make a right turn in mississippi?

1 Answer | Asked in Traffic Tickets and Car Accidents for Mississippi on
Answered on Feb 24, 2017

If you mean can you pass on the right? Can you use it as a travel lane (indicated from to make a right turn?) No.
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Q: Disabled daughter files bankruptcy on government housing loan will she owe the IRS

1 Answer | Asked in Bankruptcy for Mississippi on
Answered on Feb 23, 2017

No. Debts discharged in a bankruptcy proceeding aren't usually considered taxable income.
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Q: shooting guns close to someone's house or keeping thirty to forty hunting dogs that bark 24/7

1 Answer | Asked in Criminal Law, Personal Injury, Animal / Dog Law and Public Benefits for Mississippi on
Answered on Feb 16, 2017

Depends where you are. It is illegal in most states to discharge firearms in a city unless at a licensed range. Outside the city it depends on borough or township ordanance. And dogs, like any potential nuissance, aren't if you knew and moved in.

Don't like a stinky neighbor? Don't move next to a chicken barn. Talk to your township about it.
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Q: My brother loaned me money to pay off the mortgage on my apartment. The note is interest free without specified due date

1 Answer | Asked in Probate for Mississippi on
Answered on Feb 12, 2017

It's impossible to say without having looked at the note and mortgage. It may be a demand note, payable on demand by the note-holder, which now may be his estate. Or it may be flawed or unenforceable for unknown reasons. Take the note and mortgage and all other documents you think are relevant and go see an experienced real estate lawyer in your area. Many offer free initial consultations. Good luck.
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Q: Are there any other options on emergency commitment without going through the chancery court? Need help now

1 Answer | Asked in Family Law and Health Care Law for Mississippi on
Answered on Feb 9, 2017

I don't see any other options, but consider contacting a local lawyer. Involuntary commitments required an Order of Commitment signed by judge and Patient Information Form.

This law firms says: http://kellumlawfirmpc.com/tag/involuntary-commitment-drug-addition-rehabilitation/

"Under Mississippi Code Ann §41-31-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility. The law requires that the person asking the court to...
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Q: can bankruptcy take my settlement money if I filed bankrupcty 4 years before ?

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on
Answered on Feb 7, 2017

Up to $10,000 in personal injury awards are exempt per Miss. Code Ann. § 85-3-17
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