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Mississippi Contracts Questions & Answers
1 Answer | Asked in Contracts and Estate Planning for Mississippi on
Q: Can I legally have a power of attorney changed?

My fiancee is incarcerated,and will be for 2 more years.he signed a power of attorney,and it was notorized but not filed at the court.can he change his power of attorney to another person?if so,how?

Nina Whitehurst
Nina Whitehurst answered on Aug 27, 2019

There is no requirement to "file" a power of attorney with the "court". A competent adult can always change their power of attorney by creating a new power of attorney that revokes all prior powers of attorney. Notice of revocation should be given to the agents who are being removed and to to all... Read more »

1 Answer | Asked in Banking, Contracts, Libel & Slander and Personal Injury for Mississippi on
Q: Hello, I am considering pursuit of any money delagated to lamar county residents for compensation of the salmon and re

Ated projects. The cancer rate, effects on soil, water, animals, and children.

Tim Akpinar
Tim Akpinar answered on Aug 23, 2019

As a starting point, you could contact an environmental attorney or toxic tort attorney in Mississippi and ask if they would give you a free initial consultation. Keep in mind that these types of cases could require considerable budgets. They can involve costly soil and water sampling and analysis... Read more »

1 Answer | Asked in Contracts and Collections for Mississippi on
Q: I tried to call Aaron’s to get their furniture but they haven’t showed up for 5 months can they sue me for this??

I called them to pick it up because i could not afford the payment anymore but they have not showed up for 5 months

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2019

Yes. Why? Because--unless the "rent to buy" contract you signed allows you to cancel the contract at anytime--and also requires Aaron's to come pick it up ate your convenience you are stuck with the furniture--and stuck with the contract too. Enjoy.

1 Answer | Asked in Contracts for Mississippi on
Q: I live in Oxford Mississippi my husband bought me a car for anniversary gift 2015, in 2017 he pasted away.

I did not know my name was not on the title until after my husband passed now I'm having problems getting the title in my name what can I do about it

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

You need to contact a probate lawyer to help you solve this problem

2 Answers | Asked in Consumer Law and Contracts for Mississippi on
Q: Would I have to get my own lawyer for an appeal if getting sued by a car dealership?

A car dealership took my sister to court and they won. If she wants to appeal, would she have to get her own lawyer?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 16, 2019

Tell your sister to call an appellate lawyer in Mississippi and ask them this important question.

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1 Answer | Asked in Consumer Law and Contracts for Mississippi on
Q: What happens if the judge ordered in favor of the plaintiff by suing, but the defendant is unable to pay?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 15, 2019

Keep the Judgement for 20 years and wait until the defendant has money--then enforce it.

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 Contracts for Mississippi on
Q: Can a Judge refuse to hear a Motion for Summary Judgment once it has been responded to and set for hearing?

I filed a Petition and served discovery in November 2018 on a Breach of Contract matter. The person was record and it was transcribed and used as an Exhibit to my Motion. The other party never started discovery but responded to the Motion Summary Judgment. Four days before the hearing, they... Read more »

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

This is a public forum where experienced lawyers donate their valuable time to answer real legal questions about important matters of general interest to the public. All questions asked are not going to be answered; some are way too complicated to answer online; others are not answered because they... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Mississippi on
Q: I recently opened a small business in Jackson, MS. I made a verbal agreement with an investor to start my company.

I opened the business 4/3/19. The business has been running well and has to begun to stable itself within the first month but my investor feels he needs to start seeing a profit return immediately. We had a huge dispute over some minor infractions. He took control of the finances and now will not... Read more »

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

Justia is a free online legal forum established to allow members of the general public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. We are not here to advise people how to get out of trouble caused by their own misguided actions--especially when... Read more »

1 Answer | Asked in Gov & Administrative Law, Contracts and Real Estate Law for Mississippi on
Q: Does a State maintain sovereignty in the absence of a physical boundary?

The US Supreme Court has consistently held that a State has no sovereignty or jurisdiction beyond the limits of its physical boundary.

The physical boundary of the State of Mississippi was described in the State's Constitution. However this boundary was specifically repealed in 1990.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2019

Maybe yes, maybe no.......but what is your point in reciting these "facts" about Mississippi?

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 Contracts for Mississippi on
Q: I have a contract that expired4/5 and extension expired 4/15. Seller does not want extension. Do we have a contract?

Buyers want to close and are pushing for it. Seller is not interested. They ha e scheduled closing for 4/17 even though we have said no. Are there consequences for us not showing up.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 17, 2019

If you are the seller and intentionally breach the written contract you signed==depending upon the amount of money involved and the tenacity of the buyers--you may see a lawsuit seeking specific performance an/or consequential damages caused by the intentional breach. The seller may also have to... Read more »

1 Answer | Asked in Bankruptcy, Contracts and Collections for Mississippi on
Q: Medical bill from 2014. I have been making payments. They just added a charge from October of 2014 to my acct.

Bill was 317.40 as of 2/15. I have made 2 $50 payments since then and my bill from 3/14 shows a balance of 473.40 with a new charge of 164.99 from 10/2014.

Timothy Denison
Timothy Denison answered on Mar 20, 2019

What is your question?

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Mississippi on
Q: I have an oral lease agreement that is 'month to month'. My landlord evicted me after 3 weeks with no ' notice'.

I have the receipts for my prorated rent and security deposit that I never got back. I want to take her to court over the deposit and to pay for my hotel lodging since wrongful eviction. Do I have a case with no Written lease?

Arthur Calderon
Arthur Calderon answered on Aug 27, 2018

The default in Mississippi is month to month, such that the landlord has to provide a month's notice before terminating said lease, unless, however, you have broken a condition of the oral lease, such as not turning in rent in enough time.

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...
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1 Answer | Asked in Contracts and Business Law for Mississippi on
Q: I deliver gravel. Payment required upon delivery. What should I do if someone refuses to pay?

I have a small dumptruck and deliver gravel to people's homes and the occasional business. Occasionally I take my tractor to grade their driveway, spread material and such. I'm primarily contacted usually via my Facebook page or Messenger and I always call by phone to confirm. What course of... Read more »

Arthur Calderon
Arthur Calderon answered on May 7, 2018

The best course of action would be to always make sure that they sign a contract ahead of time, detailing the estimated cost, delivery date, etc. That way, if you show up perform the work, and they refuse to pay, you can sue them for breach of contract.

1 Answer | Asked in Collections, Contracts, Landlord - Tenant and Real Estate Law for Mississippi on
Q: hired a realty company to manage property and they didn’t pay utilities, do a walk through or collect security deposit.

Shouldn’t they be responsible for upholding their end of the contract? I’m out of pocket paying for repairs and now I find out the electric bill wasn’t paid the last two months of the tenets occupation of the property. They don’t want to take any responsibility or pay the bills that are... Read more »

Arthur Calderon
Arthur Calderon answered on Apr 4, 2018

Assuming that you have a valid contract, because the company has failed to adhere to the terms of that particular contract, you may be able to terminate the contract, especially if they continue to be unwilling to follow it. If the company received funds that were supposed to be allocated to paying... Read more »

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
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 Contracts, Intellectual Property, Municipal Law and Landlord - Tenant for Mississippi on
Q: What legal action can I take against my apartment complex for neighbors disturbing the peace.

I've contacted the property manager and the regional manager and they've been dragging their feet on the issue. The problem has been going on for the past 6 months..

Griffin Klema
Griffin Klema answered on Sep 17, 2017

Depending on what your state's law provides for noise ordinances, nuisances, or disorderly conduct, you may be able to pursue a civil action against the tenants under a theory of "negligence per se."

As for the property owner or management company, they too may be liable under similar...
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1 Answer | Asked in Contracts, Products Liability, Federal Crimes and Identity Theft for Mississippi on
Q: Can someone get a vehicle financed but get the check in someone else's name without them knowing?

I sold the vehicle about 6 months ago but received a message today he financed it. He said the finance sent it to the bank but the check is in my name. He wants me to cash it for him. What does this mean for me? I was unaware of this till I received the message asking me to cash it for him.

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2017

You would know if he financed it. If you sold it you got the proceeds because it's in your name.

He should ask you just to sign the check over to him.

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