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Mississippi Civil Litigation Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 prison... Read more »

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 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 »

1 Answer | Asked in Civil Litigation, Construction Law, Federal Crimes and Family Law for Mississippi on

Q: what can i do about dhs and local law enforcement participating in an illegal search and seizure! And taking my child o

Arthur Calderon answered on Feb 19, 2018

It depends on the facts of your case, and the reasons behind the search and taking the child away. You will likely need to consult with an attorney to gather more facts and determine whether you have a viable claim.

1 Answer | Asked in Civil Litigation, Construction Law, Federal Crimes and Family Law for Mississippi on

Q: what can i do about dhs and local law enforcement participating in an illegal search and seizure! And taking my child o

Arthur Calderon answered on Feb 19, 2018

It depends on the facts of your case, and what reasons that DHS and law enforcement may have had for conducting the search and taking the child. Likely you will need to consult with an attorney so that they can find out more about your case and determine whether you have a viable claim.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Mississippi on

Q: 2013 Mississippi Code Title 41 - PUBLIC HEALTH Chapter 30

Why did the chancey cleark lady let a person sign this on me and the signer was no kin and also used a false last name so i spent 22 days in jail then 7 days in a mississippi hospital then the signer admitted that they had lied on me and they wont over turn this and remove it off my record plus... Read more »

Arthur Calderon answered on Feb 17, 2018

I'm assuming that your question goes to an involuntary commitment to the state hospital. Without more information regarding the circumstances of your pick-up, you will need to consult an attorney to see if anything can be done.

1 Answer | Asked in Civil Litigation and Workers' Compensation for Mississippi on

Q: Settlement offer to low.

My husband agreed to a lump sum settlement of $50,000. ( we have no attorney) today at the works comp. Hearing with the Ms WC commission they put his case on hold. Later he received a call from WC commission saying the offer is way low and they see close to $117,000 and suggested we hire an... Read more »

Arthur Calderon answered on Feb 11, 2018

It depends on the facts of your case, such as the type of injury that your husband has. Your best bet would be to contact a worker's compensation attorney, who could then advise you as to the appropriate course of action.

1 Answer | Asked in Civil Litigation, Family Law, Probate and Wrongful Death for Mississippi on

Q: In a Mississippi wrongful death case is there a state law to say how the settlement is divided amongst family members?

In a wrongful death lawsuit for my brother, we have agreed on an amount and finished all things required by law. Everything will be completed on our court date in October. When we go to court will the judge or the executor decide upon the division?

Or is there a state law that requires the... Read more »

Arthur Calderon answered on Feb 11, 2018

In Mississippi, certain people may get first priority in terms of a settlement or award, depending on the facts of your case.

2 Answers | Asked in Civil Litigation, Contracts, Family Law and Small Claims for Mississippi on

Q: Is a verbal agreement binding if specifics are not read into the record?

Both attorneys for each party verbally agreed to specifics in my custody modification, but when my attorney read it into the record she left out many details stating they would be in the paperwork. A month later those details were not included, my attorney made the corrections when I insisted I... Read more »

Stephanie E. Emanuel answered on Dec 10, 2017

Typical litigation case. You should consult with your lawyer to see what he wants to do. If you want a second opinion on a case or change your lawyers to better manage your case than don't hesitate to reach out for a free consultation with an attorney.

Ahsan A. Syed, PSC // Law Office of...
Read more »

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1 Answer | Asked in Civil Litigation and Traffic Tickets for Mississippi on

Q: My license was suspended for a traffic violation that was given in 2006. 11 years later. I didn't even remember gettin.

Is there a statue of limitations on this. Is there anything I can do? I wasn't living in MS in 2006. I was already in GA.

William Head 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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