Mississippi Questions & Answers by Practice Area


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

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...
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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

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.
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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

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.
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Q: I have won a wrongful death lawsuit for the death of my brother. Can my winnings be garnished for my debt?

1 Answer | Asked in Wrongful Death for Mississippi on
Answered on Aug 24, 2017

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?
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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?

1 Answer | Asked in Wrongful Death for Mississippi on
Answered on Aug 24, 2017

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.
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Q: What is the difference between DUI and DWI?

1 Answer | Asked in DUI / DWI for Mississippi on
Answered on Aug 21, 2017

Different states use different acronyms. No difference, in reality.

Drunk driving, it drugged driving, or impaired by both.
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Q: My license was suspended for a traffic violation that was given in 2006. 11 years later. I didn't even remember gettin.

1 Answer | Asked in Civil Litigation and Traffic Tickets for Mississippi on
Answered on Aug 7, 2017

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.
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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

It would be up to the DA to charge. Contact a womens law project in your state for case law if any.
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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 .

1 Answer | Asked in Car Accidents and Traffic Tickets for Mississippi on
Answered on Aug 6, 2017

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.
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Q: Is a house sold to an LLC months before death free from medicaid or medical bills?

1 Answer | Asked in Elder Law for Mississippi on
Answered on Aug 3, 2017

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
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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.

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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