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Mississippi Civil Litigation Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Mississippi on
Q: My child's father came to get our child and has not returned her in almost 2 months.

I'm unable to communicate with her father and have to go through his fiance and she barely picks up the phone. I haven't talked with my child in weeks because they never pick up the phone. I contact via Facebook messenger and barely get a message back. I've asked over and over... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

You need to get in touch with an experienced family law attorney. First and foremost, the main question that I have is whether there is a custody order already in place. If there is, that would outline all visitation matters, in which case there is a good chance that you can file a complaint... Read more »

1 Answer | Asked in Civil Litigation for Mississippi on
Q: If I burn my garbage on my on property,, can I still be charged for garbage collection.

I am considering filing suit against the company.

Tim Akpinar
Tim Akpinar answered on May 4, 2020

You can; those services are not generally on an "opt out" basis. And if there are ordinances forbidding burning garbage, you could incur fines or penalties with that. Given the current health crisis, other forms of penalties or charges could also materialize. You don't want to do... Read more »

1 Answer | Asked in Civil Litigation for Mississippi on
Q: How can I get my car if it was towed bc I was taken to the hospital
Tim Akpinar
Tim Akpinar answered on Apr 19, 2020

I hope you are recovering from your injuries. Contact the police precinct that responded to the accident. The traffic safety officers at the scene would have made arrangements with a collision service that would have taken away your car on a flatbed truck when the ambulance took you to the... Read more »

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Mississippi on
Q: Asking for son. He is 100% disabled from a oil field accident and is a widower with very little money.

A tree fell into his house but insurance engineer states it did not photo's show different. It has 9 broken 2x6's. He was put in hospital after the insurance company was told his condition and continued to call, have medical records. Have their engineering report which is bad and they... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 29, 2020

It sounds like there is definitely the beginnings of a bad faith claim. I would highly encourage you to reach out to a lawyer. You can reach out to any lawyer on here by clicking the contact information next to their name. Most of us, myself included, are happy to provide a free consultation to see... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Libel & Slander for Mississippi on
Q: Is it considered slander for someone to post personal information about an employee on your business page?
Tim Akpinar
Tim Akpinar answered on Feb 6, 2020

Slander consists of verbal defamation. If in writing, it would be libel. But there is nothing mentioned about the statement being false and damaging. So it is possible that it is not any form of defamation. It could be a privacy or confidentiality-based violation. Your post remains open for four... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: I was arrested for possession, and my gun was confiscated. What do I need to do to get my gun back?

First time offense. Legally own the firearm. Also how do I keep the offense off of my record. All of this occurred in Mississippi.

Arthur Calderon
Arthur Calderon answered on Dec 16, 2019

You need to reach out to an attorney sooner, rather than later. The first thing that I wonder is whether you have already been convicted. Regardless, a lawyer may be able to help, but it is going to depend on the actual charge and current status of the case.

1 Answer | Asked in Real Estate Law and Civil Litigation for Mississippi on
Q: What must an attorney file if he is entering the case on behalf of the defendant after the defendant filed his Answer?

Defendant filed answer pro se in Mississippi Chancery court. This is a case of encroachment -- house built partly on defendants land.

Anthony M. Avery
Anthony M. Avery answered on Nov 29, 2019

Usually the lawyer files and serves a Notice of Representation. Sometimes an Amended Answer under Leave of Court is necessary, especially in a land case where the Defendant does not know what the law is.

1 Answer | Asked in Banking and Civil Litigation for Mississippi on
Q: As the custodian of a UTMA account, can I close the account and give the money to the minor before the age of 21?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 10, 2019

If the age of majority in Mississippi is (still) 21, and if the minor is not yet 21, then the minor is still a minor; right? Think about that.

1 Answer | Asked in Civil Litigation and Contracts for Mississippi on
Q: I have documents and letters from Raymond Lee organization Inc to my grandfather of them wanting 20% of his invention.

1971 . Then in 1976 Raymond Lee organization patent his design without him. What can I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2019

Hire a patent lawyer who knows a good litigation lawyer.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Civil Litigation for Mississippi on
Q: Is it possible to file an injunction against defendants to request to complete destructive work for an inspection?

There is a lawsuit in court for breach of warranty due to defects that have impaired the value of the home. However, there is an area in the flooring that is has been slowly caving in. Also, it is slowly spreading out. This may be caused from potential toxic hazardous chemicals. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 28, 2019

If you are wondering why you are not receiving answers from lawyers here on Justia it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions to lawyers who volunteer their time, not to answer specific questions that may have very... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Mississippi on
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
Arthur Calderon
Arthur Calderon answered on Apr 13, 2019

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.

1 Answer | Asked in Banking, Civil Litigation, Employment Discrimination and Employment Law for Mississippi on
Q: bank told my employer that they had wrong direct deposit information and directed employer to change without my consent

I put on my employment form a direct deposit information the correct information however the bank sent an email to my employer stating it was wrong and gave another account ( which isn't mine ) but I had already had a direct deposit from my employer the week prior. now they stated that my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2019

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.

1 Answer | Asked in Civil Litigation for Mississippi on
Q: A warrant was issued for my mother and myself based on the ramblings of a drug addicted convicted felon.

We were both arrested, shackled and treated like criminals. We had to then go to court to set a date. Today we went and the woman did not show up. The judge decided to grant a continuance even though she did not call or show up. We now have to go back in January. The police report is ridiculous.... Read more »

Arthur Calderon
Arthur Calderon answered on Dec 1, 2018

First and foremost, you need to be more concerned about the criminal charges against you, as anything that you want to do after that hinges on the outcome.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Mississippi on
Q: If I wanted to attend my sisters wedding, how can I get police escorts n standby to make sure I'm safe from a person

Who is threatened to kill me

Gary Kollin
Gary Kollin answered on Jun 25, 2018

Most police departments allow you to hire AND pay off duty officers.

However, there function is not to serve as bodyguards

2 Answers | Asked in Consumer Law, Personal Injury, Civil Litigation and Libel & Slander for Mississippi on
Q: I live in Mississippi and I'm wanting to find out if I have a case against a local hotel in my area.

This hotel gave out details of my stay to someone claiming to be me. This person went to the hotel with my debit card number, said someone committed fraud using the card and the hotel proceeded to give this person details of my stay including my room number, receipts and also gave this person... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 22, 2018

Sounds like you have a case. You need an attorney for the place where it happened. Look for that state's Assn for Justice--their members give free consultations.

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1 Answer | Asked in Civil Litigation and Contracts for Mississippi on
Q: How long can you be held in jail without charges

How long can you be held in jail without charges

Arthur Calderon
Arthur Calderon answered on May 12, 2018

The answer depends on several things. Do you mean charges in the sense of being taken before a judge for an initial appearance, at which point bond should have been set? Or, do you mean between initial appearance and indictment?

Really, unless there are set charges against you, they should...
Read more »

1 Answer | Asked in Civil Litigation and Family Law for Mississippi on
Q: Chancellor closed case (Clean Hands against CP for not allowing visitation), but a PO was in place...did he err?

Complicated case-BIG NOTE: the chancellor who saw the case, had never seen it before and we had been fighting for 4 years through DHS. The NCP used every excuse to avoid paying (complained about not getting visitation one day, but then requested paternity another, said he needed to obtain legal... Read more »

Arthur Calderon
Arthur Calderon answered on May 9, 2018

It sounds like you need to get with an attorney ASAP, as it does sound fairly complicated.

1 Answer | Asked in Civil Litigation for Mississippi on
Q: witness subpoena in Mississippi

I have been subpoenaed as a witness in an upcoming case against an individual in Biloxi, MS. Ironically, my husband and I had just returned from the police station where we signed a warrant on the same individual about 30 minutes prior to getting that days mail. Since the individual was... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 30, 2018

Unless the party issuing the subpoena notifies you otherwise, there is a good chance that it is just to appear and offer oral testimony on whatever the legal matter may be.

1 Answer | Asked in Personal Injury, Civil Litigation and Legal Malpractice for Mississippi on
Q: Can my fiance' file a civil suit with a prison if he developed a condition that the prison may be responsible for?

My fiance' complained of back pain for months and the prison doctors just gave him moltrin and suggested that he lose weight. After not receiving the accurate diagnosis or treatment, he is now in the prison hospital ward in a wheel chair and barely able to feel his feet. He states that the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Likely it won't be doable but for best read on it contact the Miss.Civil Liberties Union, ask for their prison rights group, ask them for the names and contact info for their "cooperating attoenys," most of who will give you a free consult.

1 Answer | Asked in Civil Litigation for Mississippi on
Q: I paid for form of writ of replevin online,do i fill it out since ordered online? how do i get this served to defendant?
Arthur Calderon
Arthur Calderon answered on Mar 4, 2018

As to your first question, depending on what service you used, there may be a walk-through process for you to fill out that form. As to your second question, you will need to get an adult (perhaps a deputy or process server) to deliver the necessary documents to the defendant; however, because you... Read more »

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