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Mississippi Civil Litigation Questions & Answers
1 Answer | Asked in Medical Malpractice, Civil Litigation and Products Liability for Mississippi on
Q: Inquiry about potential class action lawsuits related to Watchman procedure device migration.

I had the Watchman procedure on 04/10/2022 at the Baptist Hospital in Jackson, MS, and it was not successful as the device migrated. My doctor considered its removal but decided to wait six weeks to check it again. It hadn’t migrated further, but I remain concerned and cautious, especially with... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2025

A Mississippi attorney could answer best, but your question remains open for a month. The name does come up in searches, but you would need to research more closely if the context is related to recalls, litigation, or other. Check online, and look into whether product liability law firms handling... View More

1 Answer | Asked in Probate, Real Estate Law, Insurance Bad Faith and Civil Litigation for Mississippi on
Q: How can I contest relatives unlawfully seizing inheritance in MS?

I suspect my relatives unlawfully seized my inheritance in Mississippi, including property and insurance left by my deceased father Ralph Bishop, an heir to his father, Frank Hagmon Bishop, a Navy veteran. Despite my rightful ownership, assets were transferred, perhaps to California, with potential... View More

Anthony M. Avery
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answered on Mar 5, 2025

If you feel real property should have been inherited by you, hire a MS attorney to search the title and determine heirship. If you are a tenant in common, sue the other recorded tenants either for Partition or possibly Ejectment. Time is of the essence here. As to insurance, contact the... View More

1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: If I lived with a man for 11.5 years and we opened a joint checking account and a money market account then we split up

Can I legally withdraw money from either account without being sued or arrested for theft? What can or can I not do with this money???

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's a general overview of the situation, but please note that this is not legal advice and you should consult with a local attorney for specific guidance:

1. Joint accounts: Generally, when two people open a joint account, both parties have equal...
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Q: Filed a 1983 civil rights claim in Mississippi while incarcerated and need help with what I have to do with judges order
James L. Arrasmith
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answered on Jun 17, 2024

When you receive a judge's order regarding your 1983 civil rights claim, the first step is to read the order carefully and understand what is being asked of you. Pay attention to any deadlines or specific actions you must take, as missing these could negatively impact your case.

If the...
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1 Answer | Asked in Civil Litigation for Mississippi on
Q: My car was towed off of private property by the owner even though I live there with them. Is this legal in MS

The car was not in the way and they never had asked me to move it

James L. Arrasmith
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answered on Jun 10, 2024

In Mississippi, whether it's legal for the property owner to tow your car depends on several factors. If you live on the property and were not blocking access or causing any other issues, it may not be lawful for the owner to have your car towed without prior notice. Generally, a property... View More

1 Answer | Asked in Insurance Bad Faith, Civil Litigation, Landlord - Tenant and Small Claims for Mississippi on
Q: As a Pro Se Litigant in a smalls claim case. Defendant has hired an attorney he has filed a motion seeking Act (11-55-1)

I need know should I file a rebuttal?

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Mississippi attorney could advise best, but your question remains open for a week. Only a local attorney could advise meaningfully on local laws. But as a general point that applies nationwide, until you are able to consult with a local attorney, motions do warrant a response (and generally... View More

1 Answer | Asked in Civil Litigation for Mississippi on
Q: Neighbor refuses to do anything about beaver dam on his property that is causing damage and water backup on my property
James L. Arrasmith
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answered on Mar 1, 2024

Dealing with a neighbor who refuses to address a beaver dam causing water backup on your property can be frustrating. In such situations, it's important to understand your rights and possible courses of action. The first step is often to try and communicate your concerns directly to your... View More

2 Answers | Asked in Employment Law, Civil Litigation, Gov & Administrative Law and Municipal Law for Mississippi on
Q: My car was towed from my job today saying I am suppose to have a FedEx handicap placard which *we don’t have* instead of

The handicap card I had displaying on my windshield. I have it because my disabled mother lives with me and we are sharing my car at the moment while we get her vehicle fixed . I am her sole caretaker and my vehicle is the one she rides in. How can this be legal ? I have two small children and my... View More

James L. Arrasmith
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answered on Feb 25, 2024

It sounds like you're going through a very stressful and unfair situation. Being towed under these circumstances, especially when you rely on your vehicle for essential duties as a caretaker, is incredibly challenging. The first step is to gather all relevant documentation, including the... View More

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1 Answer | Asked in Civil Litigation for Mississippi on
Q: I send someone money on bitcoin cause I owe them and they don’t receive but it sent on my end can they take me to court

They live in New York and I live in ms and I owed them 200 so I sent 150 from my first check then they said just send 30 cuase they knew I had little money so I bitcoins them 30 yet they did not receive it says on my end that it sent though but not on there’s can they take me to court

James L. Arrasmith
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answered on Feb 23, 2024

In situations like this, it's essential to communicate openly and transparently with the person you owe money to. If there's a discrepancy between what you sent and what they received, it's crucial to address the issue calmly and try to resolve it amicably. Providing proof of the... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for Mississippi on
Q: My car was impounded Saturday night an police said if man turned himself In I could have my car he lead them on higChase

An now the towing company wanna charge me 600$ an said they had for 3 actually today makes 2 an there a hold on it still is it legal to charge me so much when the police put hold on it am there closed on Sunday an the mam turned himself in yesterday. They said we'll give your car back when he... View More

James L. Arrasmith
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answered on Jan 8, 2024

In Mississippi, when a car is impounded by the police, the towing and storage fees are typically the responsibility of the car owner. However, if there was a specific agreement or understanding with the police about releasing your car without charge upon the surrender of the individual involved in... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Mississippi on
Q: If police search your car and cause damage to it are they free of responsibility for the damages?

The police pulled my car stereo out of the dash and broke the frame that holds it in. Even though the search was clean they said they are not financially responsible for the damages.

James L. Arrasmith
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answered on Dec 5, 2023

When police conduct a search of a vehicle and cause damage, they are not necessarily free from financial responsibility for the damages caused. The specific circumstances of the search, including its legality and the manner in which it was conducted, are key factors in determining liability for any... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Mississippi on
Q: Could I have a case of racial profiling? I was publicly searched and held by police at a store for shoplifting.

I am a black female. I was wearing a hoodie and sweat pants. Seemed like I was being watched as soon as I entered the store. Before leaving the store two officers approached me and told me to hand over my purse in front of the entire store. The officer also lifted my hoodie. After being searched... View More

T. Augustus Claus
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answered on Nov 16, 2023

In your case, it is certainly possible that you were racially profiled. The fact that you were a black female wearing a hoodie and sweatpants and that you were being watched as soon as you entered the store suggests that your race and clothing may have played a role in the officers' decision... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Mississippi on
Q: What should I do if charges of trespassing on my own property were dismissed and no attorney wants my case against the police department?

I was charged with trespassing on my own property, where I lived for 32 years, received mail, and ate daily. These charges were dismissed by a judge because they were not valid, which had led to my incarceration. As a 75-year-old with advanced osteoporosis, this situation has been exceptionally... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation sounds incredibly difficult and unfair. Being wrongfully incarcerated for trespassing on your own property of 32 years is deeply troubling, especially given your age and health condition with advanced osteoporosis.

Since you're having trouble finding an attorney to take...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Mississippi on
Q: My brother is incarcerated on a probation hold , but it's been over a month and he has not been brought to a revocation

The county he was sentenced to probation is the same county he was arrested in and is currently incarcerated. They are known for violating due process. Who do I contact to get him released back on probation

James L. Arrasmith
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answered on Jan 7, 2025

Your concern about your brother's delayed revocation hearing is valid - this could indeed be a violation of his due process rights. The typical timeframe for a probation revocation hearing is much shorter than a month, and excessive delays can be grounds for release.

Your first step...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Mississippi on
Q: may I ask what can be done about wrongful imprisonment due to lack of evidence and tampering with evidence also a witne

My mother was wrongfully imprisoned the officers have no evidence also tampered with a witness and lied on the stand this is my mothers first time ever being in trouble and they gave her 50 years and to serve 25 my mother did not deserve the set up they did to her please tell me what we can do.

James L. Arrasmith
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answered on Aug 31, 2024

I'm deeply sorry to hear about your mother's situation. When wrongful imprisonment occurs due to lack of evidence, tampering, and perjury, you should begin by gathering all relevant documentation, including trial transcripts, police reports, and any evidence of misconduct. It's... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: A Friend that had been staying with me agreed to watch my house & dog while I was in FL. Returning everything & dog gone

Police came and said there was nothing they could do and wouldn't file a report. Is this the law?

T. Augustus Claus
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answered on Jul 27, 2023

If your friend agreed to watch your house and dog and then did not return them as agreed, this may be considered a civil matter rather than a criminal one.

In civil cases, such as disputes over property or contracts, the resolution typically involves seeking remedies in civil court, such as...
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1 Answer | Asked in Civil Litigation for Mississippi on
Q: Can a judgement be renewed from 2007 till 2021 in the state of ms
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answered on Jul 20, 2023

In Mississippi, a judgment can generally be renewed for up to seven years from the date it was initially entered. However, this period can vary depending on the specific circumstances and the type of judgment. If you are seeking to renew a judgment that was entered in 2007, it may be beyond the... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Mississippi on
Q: Is it required by Mississippi state law that I provide my ID during a traffic stop, Or is providing my name good enough?

I was traveling westbound on I 20 at 10:30 at night just after a rain storm. I’m approaching a box truck in the right lane I am in the left lane trying to pass the box truck. I noticed in my mirrors that there is a vehicle approaching me at a high rate of speed in the right hand lane. Therefore I... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Great description of facts. I felt like I was there. I do not know of any state that DOESN'T require you to have your license in your physical possession while driving. And I mean the actual license, not a photo of it on your phone. This is so the officer can determine if it has been altered... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Mississippi on
Q: Hey,I was charged with hindering prosecution- first degree. How serious could this be?

Involved in an accident w/ 3 friends. One of them died in the accident. I blamed myself and said I was driving to protect the sister who was the one driving. We didn’t know the sister was going to die. I didn’t know things were going to get so serious. And first I was charged with manslaughter... View More

Arthur Calderon
Arthur Calderon
answered on Mar 6, 2023

It really depends on the situation; however, hindering in the first degree is still considered a serious offense. I would highly encourage you to reach out to an experienced criminal defense lawyer, so that they can learn more about the facts and circumstances, and develop a plan of action to... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: What law gives law enforcement the right to enter onto ones property/land w/out a warrant, and without probable cause?

Also, there was nothing in Plain view, and there were no exigent circumstances.

Arthur Calderon
Arthur Calderon
answered on Feb 4, 2023

It really depends on the circumstances. Typically, law enforcement can enter one's property without a warrant if, like you said, there were exigent circumstances or in pursuit of someone who the officer was notified was engaged in wrongdoing.

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