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Mississippi Civil Litigation Questions & Answers
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 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.

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

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 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

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