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Mississippi Questions & Answers
1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I have a conventional mortgage loan with the bank and they require you to refinance the home every 7 or 10 years

What will happen if I file a chapter 13 bankruptcy will they ask me to refinance or will they take my home

Timothy Denison
Timothy Denison
answered on May 25, 2023

They cannot ask you to refi or take your home if you file a chapter 13 petition.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I file chapter 13 bankruptcy can I add my home if it’s a conventional mortgage loan

I home is financed threw a bank with a convention loan how does this work if I file chapter 13 bankruptcy

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You can include your home in a Chapter 13 plan, and your payment remains the same. If you owe an arrearage, you can spread out and pay back the arrears over the life of the plan.

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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 DUI / DWI for Mississippi on
Q: What should I do I missed my court date of April 18th for Dui other possession of paraphilia expired DL expired tag
David A. Simon
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David A. Simon
answered on May 24, 2023

People miss their court dates all the time. If you hire a DUI attorney in your area he/she can clear the warrant, enter the plea of not guilty and get the case going in the right direction. Its best to have some reason why you failed to appear but its not required.

1 Answer | Asked in Traffic Tickets and DUI / DWI for Mississippi on
Q: I have a court date on my ticket , not the same date apparently and now there is a warrant out for my arrest ?
David A. Simon
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David A. Simon
answered on May 24, 2023

You need to contact a DUI attorney in your jurisdiction. Many times an attorney can clear the warrant without you having to post bail. This can save you thousands of dollars. Don't turn yourself in. Just seek out counsel.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I purchased a small lot 40 by 115 and the seller did a quit claim deed in 2014 and if I file chapter 7 can they take

My husband and I bought this lot in 2014 and we have a quit claim deed can if we file chapter 7 can bankruptcy take it

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 20, 2023

A Chapter 7 bankruptcy trustee stands in the shoes of the debtor with respect to all assets of the estate.

The bankruptcy schedules require you, under penalty of perjury, to list all your assets.

The answer to your question is yes, the property, if it has equity value, can be sold...
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1 Answer | Asked in Collections for Mississippi on
Q: Received a letter about sons student loans. He has passed away and they are demanding 75000.00 dollars. I don’t have it
John Michael Frick
John Michael Frick
answered on May 18, 2023

Unless you personally guaranteed the loans, just say no.

1 Answer | Asked in Divorce, Family Law, Child Custody and Identity Theft for Mississippi on
Q: If I voluntarily sign my parental right away can I go back and fight for them later on
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 18, 2023

No. A termination of parental rights is final and forever.

1 Answer | Asked in Workers' Compensation and Civil Rights for Mississippi on
Q: If I'm asked to take a urine drug test for workers comp, is the person conducting the test allowed to watch me as I pee,

I'm a male candidate and was recently injured at work and considering applying for workers comp in the state of Mississippi.

Andrew Charles Burrell
Andrew Charles Burrell
answered on May 16, 2023

Typically, you should be allowed to provide the test in private, but there are a number of places that are requiring the person collecting the sample be in the room when it is collected so as to rule out any other issues.

At this point, you need to consult with an attorney to discuss your...
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1 Answer | Asked in Employment Law for Mississippi on
Q: IF FSLA guidelines for classifying Independent Contractors was in question from January 2021 until about October 13 2022

when a final ruling was made October 2022 for the Economic reality test.

How can they determine and force me to classify Independent contractors as employees for period Jan 2021 through Jan 2023?

N'kia (NLN)
N'kia (NLN)
answered on May 16, 2023

The economic reality test has been in place for years, although there have been several changes/attempted changes and clarifications/attempted clarifications in recent years. Also, in any given situation, there are numerous independent contractor rules that could apply. While there are the DOL rule... View More

1 Answer | Asked in Education Law for Mississippi on
Q: Do you have to have proof that your child is being bullied? The school is choosing to believe the bullies and not my chi

My child is transgender. This has been going on for two years. Today everything blew up. They basically do not believe us.

Todd B. Kotler
Todd B. Kotler
answered on May 16, 2023

One needs proof in any legal dispute. What you need to do is write the individuals at the school with whom you spoke. Copy the principal and superintendent. If you previously wrote to or spoke to the school about this matter, reference the dates that those communications occur. Explain to the... View More

1 Answer | Asked in Car Accidents and Personal Injury for Mississippi on
Q: I was in a car accident. How much pain and suffering money should I ask for?

I was not extremely hurt. A few bruises, and a hospital check up. My car was fully totaled. I had a passenger, she was hurt a bit more, but not a significant amount.

Tim Akpinar
Tim Akpinar
answered on May 13, 2023

A Mississippi attorney could advise best, but your question remains open for two weeks. I hope you and your passenger are okay. No attorney can really answer your question based on these limited facts. Your car was totaled. That evidences the possibility of serious impact, or that you were... View More

2 Answers | Asked in Bankruptcy for Mississippi on
Q: I loaned $15,000 to a friend who filed chapter 13.

She quit paying and didn’t tell me she filed. I found out too late to be added to bankruptcy. What’s the best way to get my money back? We signed a promissory note.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 11, 2023

A chapter 13 bankruptcy case can last up to five years from its filing.

You do not say when the bankruptcy was filed, nor when you discovered it.

Omission of a creditor, who does not learn of the case in timely fashion (i.e., before a Discharge is entered, etc.) is a huge risk by...
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1 Answer | Asked in Legal Malpractice for Mississippi on
Q: Process to file a Legal Malpractice in the state of Mississippi
Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

You should Consult with experienced legal malpractice specialist attorneys.

Otherwise, the first step is to prepare a Complaint for Legal Malpractice and other appropriate causes of action.

1 Answer | Asked in Child Support and Divorce for Mississippi on
Q: Is my 20 yr old a minor under MS law in my divorce papers?

For my 20 yr old full-time college student, I receive child support through the state and estranged husband maintains health insurance for her and 23 yr old son. Do Iist the 20 yr old as a minor as the MS age if majority is 21?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 8, 2023

A 20-year old is a minor in Mississippi.

1 Answer | Asked in Estate Planning for Mississippi on
Q: In Mississippi, does Life Estate cancel the Look-Back Rule and the Medicaid Estate Recovery Program

my family is preparing m mother's assets. she is healthy and well now, however we are looking ahead.

Anthony M. Avery
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answered on May 8, 2023

No, and Federal Law targets LE/REM conveyances that are less than 5 years old. Hire a competent MS attorney to explore asset protection. Possibly Mother intends to return or never leave her home.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: How do I know if someone can take my property/house from me ?

I have a deed to the house but my grandparents are saying they will take my house away.

Anthony M. Avery
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answered on May 1, 2023

Hire a MS attorney to search the title and determine ownership.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Speed ticket Canton Parkway, yes guilty , I would like to pay the fine.

It’s been 20 days since ticket was issued the Canton Municipal Court still has no record. Court date is June 14 all I want is to pay the fine and move on i’m not contagious but they can’t tell me how much so How can I go about paying the fine? Can the police tear up a ticket and throw it away... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 26, 2023

If the Court has no record of the ticket, the officer hasn’t turned it in. You can’t pay the ticket until it is turned in and sworn to by the officer before the clerk or some other designated person. Continue to check back periodically to see if it has been turned in. If the officer doesn’t... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Mississippi on
Q: How do I get an Assignee off my patent if they are out of business?

The company has been out of business for several years and I want ithe Patent back in my name. I want to make a revision and apply for another Patent with the revision.

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2023

When a company goes out of business, the company assets (like patents) usually end up reverting to the company creditors and company stockholders. So unless this is your company, and you had no creditors or other stockholders, you may be out of luck.

In terms of filing a revision -- unless...
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1 Answer | Asked in Cannabis & Marijuana Law for Mississippi on
Q: If police search ur house without showing u a search warrant and find some weed what can u do about it.

None

Anthony M. Avery
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answered on Apr 19, 2023

If charged, hire a MS attorney to file a Motion To Suppress Evidence, after the probable cause hearing.

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