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Mississippi Civil Litigation Questions & Answers
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, 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
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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
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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.

Q: I am currently in the middle of a SSA reconsideration that has been going on since February 7. On May 4 , I had a stroke

This led to a diagnosis of Severe Aortic Stenosis, covered by compassionate allowance of disability. I was given about a year" give or take a few months" without two life- saving surgeries. My disability caseworker was notified immediately after diagnosis. 6 weeks later, I find she never... View More

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 27, 2022

I am sorry for your issues and the delay in answers, however it is not uncommon in the social security field for a reconsideration to remain pending for 8 to 10 weeks. You should have access to your file online that can advise you where the reconsideration stands. If that is denied, then you... View More

1 Answer | Asked in Civil Litigation for Mississippi on
Q: Can a judgement be renewed from 2007 till 2021 in the state of ms
T. Augustus Claus
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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 Criminal Law and Civil Litigation for Mississippi on
Q: I put a peace bond on my ex boyfriend because boyfriend pushed me to file a peace bond on him.

We were sleeping together and my boyfriend found out. We have broken up and I want to remove the peace bond on my ex. How do I do that

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 26, 2022

You will need to go back to the court that issued the peace bond and ask for it to be vacated.

1 Answer | Asked in Civil Litigation and Civil Rights for Mississippi on
Q: I am in desperate need of help. Who can I talk to?

I am in desperate need of help. I am being held in Marshall County Ms and my civil and constitutional rights are being grossly violated along with other inmates. The showers and plumbing have drainage issues and always back up. We have no access to light the lights in the cells do not work and... View More

Arthur Calderon
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Arthur Calderon
answered on Mar 11, 2022

You may want to consider either you or your family contacting an experienced criminal defense and constitutional lawyer to get on board and handle the criminal matter and the civil rights violations. Feel free to reach out to any lawyer on here by clicking the contact information next to their... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Elder Law for Mississippi on
Q: Hello. What type of attorney would be best suited to handle cases for neglected/unfinished repair services over $4000?

The hired contractor was paid in full prior to the completion of his services. Unfortunately, the contractor did not complete the repair services. In the process of his services, he performed a makeshift repair that ultimately failed. Several attempts were made to reach the contractor thereafter... View More

Arthur Calderon
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Arthur Calderon
answered on Feb 26, 2022

From the looks of it, you have a civil suit against the contractor under several theories, with the obvious one being breach of contract. The main thing that you need to worry about is the statute of limitations, because, depending on some of the details, that statute could run (meaning that you... View More

1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Mississippi on
Q: What do I need to do when someone signed my name on a waiver?

My dad is in a nursing home and he has no idea what his wife has been doing with his affairs. She petioned conservatorship over him and I strongly believe she is the one who forged my name to document waive of jonder(?) I know I didn't sign anything cause she told no one what she was doing.she... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 18, 2022

You should file an objection to the waiver, which can be something as simple as stating that you did not sign the waiver filed with the court and that you object to the conservatorship. You should also contact the attorney representing your stepmother and appear at the time and place set for... View More

1 Answer | Asked in Civil Litigation for Mississippi on
Q: I was falsy arrested and almost killed by an officer can he be punished? I live in Columbus, Ms

I can't get help with my medical bills or a call back and I can't work now. I've lost everything.

Arthur Calderon
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Arthur Calderon
answered on Feb 9, 2022

It always depends on the situation; however, the first question is whether that officer put charges on you and for what. This is important because if there is a civil lawsuit, it will likely hinge on what happens with the criminal case. Regardless, it is in your best interest to reach out to... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Mississippi on
Q: A 30 day period is given to a defendant to submit an answer to a complaint; Should the time include weekends/holidays?

In the State of Mississippi, for civil litigation, it is outlined in MRCP Rule 6 (Time) how to compute time. It mentions if the amount of time is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the time period. It does not mention verbatim an other time... View More

Arthur Calderon
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Arthur Calderon
answered on Feb 6, 2022

The time does include weekends and holidays; however, the rules also speak to whether the deadline to file an answer falls on a weekend or recognized holiday.

1 Answer | Asked in Civil Litigation for Mississippi on
Q: Is a neighbor you share a backyard fence with required by law to pay half when the fence needs replacing? (Mississippi)

This was an existing fence in a portion of my backyard when I purchased my home in 2003. It fell down during Katrina and my neighbors added 2x4 support boards to the existing frame and hung it back up. It’s an eyesore and it’s rotten and falling down. I have written them and tried to discuss... View More

Michael Graves
Michael Graves
answered on Oct 25, 2021

The fence belongs to (i.e., is owned by) whoever's property it is on. There may be a zoning/building ordinance in your city/county that requires that the "smooth" side of the fence be on one side or the other, you would need to check that with your local planning and/or building... View More

1 Answer | Asked in Car Accidents, Civil Litigation, Federal Crimes and Landlord - Tenant for Mississippi on
Q: My car was damaged at my apartment complex while parked and as a result of a comission of a crime

Could the Apartment Owners be liable for damages to my car. The Apt. Manager was informed several times in the past year of a person who was banned from Apts had been selling drugs

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2021

A Mississippi attorney could advise best, but your question remains open for two weeks. It could be fact-specific in terms of security measures. There is no universal "yes" or "no" answer. Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Civil Litigation for Mississippi on
Q: My son has someone else’s car parked on my property and I want it removed. Am I within my right to have it towed?
Hiten H. Patel
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Hiten H. Patel
answered on Sep 23, 2021

Yes. If you did not give permission to the owner to allow them to park the vehicle on property that you own.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Mississippi on
Q: Can a witness write a statement an go to court an give t totally different statement
Arthur Calderon
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Arthur Calderon
answered on Jul 16, 2021

Yes, they can, and it happens quite a lot more often that people realize. Usually, whenever a witness does something like that, they are putting their credibility at risk.

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1 Answer | Asked in Personal Injury and Civil Litigation for Mississippi on
Q: In a case where you are suing someone for damages they did to you can their attorney request your cellphone records

I was hurt an seekingbrecovery now their attorney wants my cellphone records

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

If it s relevant , but only for the day and hour at issue.

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... View More

Arthur Calderon
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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... View 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... View 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... View More

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