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Mississippi Questions & Answers
1 Answer | Asked in Social Security for Mississippi on
Q: Can SSDI or a vehicle be used to pay a judgement?

I am on disability and on Monday I had a judgement put against me for a credit card. The amount is under $3000. I have a 2010 Chrysler and a joint bank account with my husband. Can they place the judgement against the bank and make me sell my car?

Brad A. Thomas
Brad A. Thomas answered on Dec 4, 2020

Private creditors are not allowed to levy your SSDI benefits to pay back your debt. The exception to this is if you owe federal debt to the IRS, child support, alimony, federal student loans, or court ordered victims restitution. SSI benefits cannot be levied or garnished by anyone. The second... Read more »

1 Answer | Asked in Employment Law for Mississippi on
Q: I worked for a company 30 years and was diagnosed with CLL in 2016, doctor said from recent blood work i had it 2 years

Prior, I sure it’s from the chemicals I worked around and the industrial paint we used, Should the company be held liable for this ??

Arthur Calderon
Arthur Calderon answered on Nov 28, 2020

There is a very real possibility that the employer could be liable to some extent, as well as the manufacturer of the industrial paint that you used. I would highly encourage you to reach out to an attorney to further discuss. Most lawyers on here, including myself, offer free consultations to see... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is the most a male officer can search on a female??
Arthur Calderon
Arthur Calderon answered on Nov 28, 2020

It really depends on the circumstances, such as whether it was a stop and frisk or the search occurred in a correctional facility, as well as on other factors. Regardless, it is general policy that a female conduct intrusive searches on females.

1 Answer | Asked in Civil Rights for Mississippi on
Q: It is unlawful to defend a relative from an illegal arrest?
Arthur Calderon
Arthur Calderon answered on Nov 22, 2020

Typically not. If a person is being unlawfully arrested, then Mississippi law explains that there is a right to defend oneself and others from that unlawful arrest. The tricky part is establishing that the underlying arrest was done illegally (i.e., without probable cause, maliciously, etc.).

1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: Before passing, my father transferred his property with a warranty deed to the man who lived in his home with him. This

man has also passed leaving a wife. Her name is not on the warranty deed but she has agreed to sign property over to me. How can this be done easily? Also there is a lien in my father's name against property.

Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

Well it can be done but probably not easily. The wife is actually making a gift to you since it is her property to deal with as she wishes. A deed would transfer the property back to you and there would have to be a release of the lien. You should get with a real estate attorney who can... Read more »

1 Answer | Asked in Consumer Law and Libel & Slander for Mississippi on
Q: Can I do anything if I was wrongfully accused of stealing in a store? No law was involved, but I was humiliated.

I entered into the store I shop at on a regular basis on October 21 at 2:30pm . I walked into the store and went straight to the aisle to get a Drone I had seen the past week that I was going to purchase. A lady, who appeared to be an employee told me I need to leave the store. She said she had me... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 16, 2020

A Mississippi attorney could advise best, but your post remains open for four weeks. At this point, you could reach out to attorneys who handle such cases, but keep in mind that such matters would not be likely to be handled on a contingency basis. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Family Law, Legal Malpractice and Small Claims for Mississippi on
Q: How can I legally access my deceased fathers lawsuit settlement?

My father passed a few months prior to a settlement being reached in a class lawsuit. I reached out on his behalf and was told to submit necessary documents(death certificate, affidavit, etc). I did so by certified mail to insure proper delivery. Yet they've still refused to relinquish his... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

A Mississippi attorney could advise best, but you await a response for four weeks. I'm sorry for the loss of your father. It looks like you already made diligent efforts. Ask the case administrators at the firm what further information is necessary. This might be something where more than... Read more »

1 Answer | Asked in Personal Injury for Mississippi on
Q: My wife and I was eating at a restaurant, asked for Coffee . Waitress spilled Hot Coffee on my wife.
Arthur Calderon
Arthur Calderon answered on Nov 11, 2020

It really depends on the nature and extent of damages. If this is a situation where your wife suffered from burns and had to seek medical attention, then there may very well be a case there. I would highly encourage you to reach out to a personal injury attorney to further discuss. Most lawyers on... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are there specific papers for expungement petitions?

I have a misdemeanor in Hattiesburg, MS. The courthouse where it is located said that it may be eligible for expungement, but that they do not have the paperwork for the petition. The clerk informed me that I would need to write the petition for expungement myself and bring it to file. Are there... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 7, 2020

Unfortunately, there are very few, if any, expungement forms available online. Regardless, each expungement is different, and will require a thorough review to make sure that it complies with all of the statutory requirements. It is in your best interest to reach out to a criminal lawyer who has... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If you have a clean record can you go to jail for possession of firearm
Arthur Calderon
Arthur Calderon answered on Nov 5, 2020

No. If you do not have a felony conviction, then you cannot be arrested for possession of a firearm by a convicted felon.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Mississippi on
Q: If you have a clean record can you go to jail for possession of firearm
Arthur Calderon
Arthur Calderon answered on Nov 5, 2020

No. If you do not have a felony conviction, then you cannot be arrested for possession of a firearm by a convicted felon.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Which city do I file record expungement request?

I have a three year old shoplifting misdemeanor in Mississippi. The charge was supposed to be non-adjudicated following a year, but the charge is still there. To have the record expunged, do I request it through the courthouse in the city where I live or through the courthouse in the city where the... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 5, 2020

You would have to request it through the court where you caught the initial charge and that issued the order for non-adjudication.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: If one heir decides to sell a piece of heir property without Consent from other heirs Will he/she need permission.
Anthony M. Avery
Anthony M. Avery answered on Oct 22, 2020

That heir will need to file a Partition Action for the Court to sell the property, then distribute the net proceeds to the heirs/tenants in common. He could sell his individual share but most purchasers would pay very little for it.

1 Answer | Asked in Consumer Law and Collections for Mississippi on
Q: If someone is in default on credit cards, what recourse do the creditors have? Unemployed individual owns home no mortg

Can the Credit Card companies sell the home even though the individual is unemployed? Can they seize bank accounts or investment acct even though the individual is unemployed etc?

David Luther Woodward
David Luther Woodward answered on Oct 21, 2020

They can sue you and reduce their claim to judgment which can result in a judgment lien.

I am not admitted in Mississippi, but here in Florida it would not affect your owning your house free and clear because of our constitutional homestead protection; however, I cannot quote you the Miss....
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2 Answers | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Mississippi on
Q: What happens to business debt if I buy a company for less than the company owes?

Owner of business wants to sell company and business assets to me. Business debt is greater than asking price. Asking price takes care of owners personally guaranteed debt, and there would still be $80,000 in an outstanding EIDL loan. Would I be inheriting the debt with the company? Or should I... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 15, 2020

I pracrice in PA, but almost all states have some version of what's also called a Bulk Sales Law, and by that law, a debtor cannot sell all, or a substantial portion, of his business assets and leave creditors hanging, so the law provides that the debt follows the assets. Even where a state... Read more »

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1 Answer | Asked in Estate Planning, Intellectual Property, Probate and Real Estate Law for Mississippi on
Q: If A will hasn’t been probated can the estate / property be sold
Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2020

Most decedents die intestate. As such their heirs-at-law take the real property at death, and the next-of-kin take the personal property. If a Will is not Probated it has no effect. A recorded Affidavit of Heirship should be the source of title for the Decedent's relatives. If a buyer... Read more »

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I purchased one acre of land in 2006. I recently found out by receiving a monthly garbage bill that their is a house

my land. Do I have any rights to the home on my property? The land was purchased in Sturgis, Ms.

Anthony M. Avery
Anthony M. Avery answered on Oct 5, 2020

If you own the real property, you also own any improvements on it. If it is a mobile home with wheels, it is not a fixture. Hire someone to check the property out, such as an attorney. An eviction may be in order, and you need to examine the property tax card on this parcel.

1 Answer | Asked in Personal Injury for Mississippi on
Q: Walmart accused me of shoplifting an it’s not right I need to speak with sumone

I came in the store with a box to take back the man which was the door person saw me an told me go to customer service I did dey didn’t take it due to corona . I went on grab a couple things self check out an went out the same man was der let me came on thru . A female that works der that... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 24, 2020

A Mississippi attorney could advise best, but your question remains open for three weeks. This is not a personal injury matter. You need to contact a criminal defense attorney; if you can't afford one, contact the Public Defender's Office. Good luck

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: How long does he have to file a notice of Appeal?
Charles William Michaels
Charles William Michaels answered on Sep 15, 2020

First of all, I am not a Mississippi lawyer. That being said, your question has a simple and yet nuanced answer. You didn't describe "he" and you didn't describe what court--State or Federal. However, the simple answer is, usually, 30 calendar days from the final judgment. (That... Read more »

2 Answers | Asked in Trademark for Mississippi on
Q: Sold our business. In the agreement we also sold the trademark. What does the new owner need to do to change ownership?
Jason Brooks
Jason Brooks answered on Sep 9, 2020

You'll need to execute a Trademark Assignment Agreement which effectively assigns the trademark and any goodwill associated with the mark to the new owner. Then that Owner can file an amendment with the USPTO. If you need assistance with any of this feel free to email me at... Read more »

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