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Mississippi Small Claims Questions & Answers

1 Answer | Asked in Car Accidents and Small Claims for Mississippi on

Q: I have a unsatisfied judgement against me from 2013, $9,000 ,license suspended. I cant afford to pay it. What can I do?

Sued from motor accident 2013 for 9,000 now have hold on my license. Can’t afford to pay this but wanting to fix so I can eat license what do I do

Anthony M. Avery answered on Aug 30, 2019

You may need to look into a Chapter 7 Bankruptcy. Call a competent attorney. You may need to prepare for it beforehand. Schedule F and the Notice To Creditors should list the Creditor Driver, Insurance Co., the Licensing Bureau with your Driver's License Number in the address, and anyone else... Read more »

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on

Q: I need assistance filing a motion to Lift a Stay for post-petition debt.

We have a judgment against a person who was already in bankruptcy when she incurred the debt with us.

Timothy Denison answered on Jul 24, 2019

There are any number of forms online that you can use as a template for the motion.

1 Answer | Asked in Small Claims for Mississippi on

Q: How can I recover money after I have filed a writ of garnishment? Defendant closed bank account.

I went to court and received an Abstract of Judgement for $2700. Defendant said he was going to pay me $15 a month. What should I do?

Arthur Calderon answered on Jan 13, 2019

You may want to consider filing a motion for examination of judgment debtor so that you can review his finances and have the court order the payment from the defendant's assets.

1 Answer | Asked in Civil Rights and Small Claims for Mississippi on

Q: I have a civil action taken against me from 7 years ago. I received a renewal of notice of judgement

And any information obtained still will be used for that purpose

Arthur Calderon answered on Dec 19, 2018

That means that the judgment was renewed, and will continue to be enforced until you satisfy the judgment.

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 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 Consumer Law, Civil Rights, Lemon Law and Small Claims for Mississippi on

Q: I received judgment by default why hasn't the judge charged defendant with contempt of court?

Applied to judgment roll.

Gary Kollin answered on Jul 31, 2018

why haven't you moved for it?

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Small Claims for Mississippi on

Q: If a new trailer is sold without brakes, do I, the buyer, have any recourse?

Manufactured 2015, purchased 2016, tandem trailer with axles > 2000lbs gvw each was sold to me without brakes (unbeknownst to me). Is there any course of action I can take with the dealer (to get the brakes installed at least at their cost, perhaps)? What would be the legal recourse?

They... Read more »

Thomas A. Grossman answered on Jul 8, 2018

When you buy a trailer or any similar product, you should always do so by getting a written contract. You then need to read the contract and see what you are buying, and if it matches what you thought you were buying. If it does not, you should not sigh it. If there is no written contract, then... Read more »

1 Answer | Asked in Child Support and Small Claims for Mississippi on

Q: Can I sue my mom for my child support settlement received from my dad

I'm 19 have my own house and I'm going through financial difficulties. My mom is on the verge of receiving a huge lump sum off my dad's child support case. It's my bad child support and my younger sisters. Is there anyway I can petition to recieve my own back time child support and she only... Read more »

Arthur Calderon answered on Apr 2, 2018

Potentially. You will need to consult an attorney to discuss your case. One of the things that I am curious about is whether you went through the process of being emancipated. If that is the case, then any child support should be sent to you, as it is meant to be used for your benefit, and no one... 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 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 Car Accidents and Small Claims for Mississippi on

Q: Debris came off of a dump truck and hit my car, he agreed to pay for my window but would not pay for other damages.

How should I go about handling this? I was headin south and he was heading north. Where in the law does it says he is responsible for all damages?

Baskin Lowber Jones answered on Oct 4, 2017

If the damage is due to their negligence then you would recover the amount of the damages at trial. Going through the trouble to get to trial is the issue. Call an attorney who practices in this area, if the damages are substantial or the driver has insurance there may be options an attorney would... Read more »

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on

Q: can bankruptcy take my settlement money if I filed bankrupcty 4 years before ?

Randall R. Saxton answered on Feb 7, 2017

Up to $10,000 in personal injury awards are exempt per Miss. Code Ann. § 85-3-17

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