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Mississippi Questions & Answers
1 Answer | Asked in Animal / Dog Law and Small Claims for Mississippi on
Q: Can someone take your service dog? Even if it is granted by a judge? We have proof that the dog is emotional support dog

A ex gave me a dog for a gift and I had the dog for a service dog/emotional support dog, he came back 8 months later wanting the dog back, then took me to court and the judge granted him the dog. The judge and his dad is best friends. I have all the vet bills and etc, it’s micro chipped under my... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 20, 2022

You can appeal the decision to the next level. If the original trial was in city court or justice court, you will be granted a new trial at the next level with a new judge.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: My husband was pulled over refused a search so they took him to jail so they could search its been way over yr

Just now indited

Arthur Calderon
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Arthur Calderon
answered on Aug 14, 2022

Sounds to me like your husband is definitely going to need to speak with a lawyer about the facts and circumstances surrounding his charges, as well as the search.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Consumer Law for Mississippi on
Q: Do I have to sign documents in the process of my auto insurance co. paying my auto finance co. for a total loss car?

My vehicle was considered a total loss on May 15th, 2022. The insurance company did not contact me about when they decided to make it a total loss. I had contact. them. the only time they contacted me was when. They received my recorded statement after that point. I was the one reaching out and... View More

Arthur Calderon
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Arthur Calderon
answered on Aug 10, 2022

It really depends on the circumstances; however, when it comes to the consideration of total property loss, the insurance company still has an obligation to keep their insured (you) in the loop. Assuming that they did not and that you have a lawyer representing you on any type of personal injury... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: IN the state of Mississippi, can a judgment be made against your home /land if you have a large amount of medical bills

Due to cancer diagnosis , the patient responsibility is up in the thousands after insurance has paid , can they take my land. I have cancer and unable to work and I live on social security.

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2022

Any debt can become a judgment lien against real property. Hire a MS attorney to advise you of Exemption Statutes and proper planning.

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: How do I adopt a child I’ve had custody of for 2 years?

I have had custody for 2 years. My sister is a drug user who was in a dangerous position and we got my Neice. My husband and I want to adopt her but do not know where to start? Do we need an attorney? She’s in agreement (at the moment). She’s had no physical contact with her in months. She goes... View More

Pamela J. Fero
Pamela J. Fero
answered on Aug 5, 2022

Here's what you need to do:

1. Fill out the petition and send it to the Circuit County Court in the county where you live.

2. Obtain the mother's permission. If the parent is emotionally or financially unfit, or if the parent has abandoned the child, Florida law may allow...
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1 Answer | Asked in Domestic Violence for Mississippi on
Q: how can we get court docs on a past domestic violence conviction? in MS

He seems like he really wants to have a second chance in life, but we need to know his past.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 4, 2022

Go to the Clerk’s office of the Court where the charges were filed, give the deputy clerk the defendant’s name and the case number. They will make you copies of the file at a cost to you.

1 Answer | Asked in Child Support for Mississippi on
Q: I have a Mississippi child support order for two child, one of the children just join the military.

Does the child support stop for that one child that join the military?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 30, 2022

Not necessarily. If your child support order specifies an amount for each child, I.e., $200 per month per child for a total of $400 per month, then you would be safe to reduce your child support by the amount designated for the child that has joined the military, if he/she has joined the full... View More

2 Answers | Asked in Bankruptcy for Mississippi on
Q: My car is going to be repossessed any day can I file emergency bankruptcy can I file online ? how fast can I get a stay
Timothy Denison
Timothy Denison
answered on Jul 29, 2022

Yes. You can file emergency. You can file online. Stay is automatic upon filing snd notice to creditor.

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1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Me and my boyfriend have had his granddaughter since the day she was born, no support

His daughter was pregnant her boyfriend was in jail it wasn't his he said he will not raise it so she asked us to raise it as ours when the baby was born she gave us a signed nerdrise document stating we had sole custody of her and was responsible for her well being because he's not had... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 29, 2022

Without a court order, she would be able to take the child if law enforcement will help her take the child from you. That is a big if because most will not get involved in these matters. You should immediately file an action in the chancery court of the county where you live, alleging that she... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on
Q: If an officer charge u with a dui and put the wrong vehicle information on the ticket can it be dismissed
Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

It really depends on how bad the information is. If it is a completely different vehicle and absolutely nothing matches up, then there is a better chance of having the ticket thrown out, or at the very least casting the officer's story into question.

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: If I was given a very vague ticket for posses. with wrong info also , could i have the ticket dismissed ?

was pulled over by a cop who’s known to be dirty. he saw me at gas station, never says a word to me , but as soon as I pull out of parking lot pulls me over. Wasnt even maybe 5 yards from parking lot of store when he pulled me over. Never gave me a reason as to why , or asked me my name or my... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: Can a cop give u a ticket for possession but under explanation only put N/A , and not specify what he found or how much
Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can a cop put information on his police report but only put N/A under explanation on my ticket ?

Was given a ticket for possession but on the ticket it only says possession of controlled sub (, schedule 1 OR schedule 2)? Under explanation the police officer only put N/A , and nowhere on the ticket does it say what substance he found exactly. Or even the amount that he allegedly found anywhere... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can cops in mississippi issue tickets but never file them without getting caught or without it being known they didn’t
Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

It can most definitely happen; however, it turns into a question of whether they ever file it and, if so, when they file it. The best thing to do will be to periodically check back with the court to see if the ticket was filed. That being said, if you were given a copy of a ticket with a court... View More

1 Answer | Asked in Insurance Bad Faith and Criminal Law for Mississippi on
Q: Have sum bad cops n sum cases wrtten a ticket bc u pissed them off but nvr filed bc they kno their procdure was unlawful
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It can most definitely happen; however, it turns into a question of whether they ever file it and, if so, when they file it. The best thing to do will be to periodically check back with the court to see if the ticket was filed. That being said, if you were given a copy of a ticket with a court... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Please answer!! If I got a traffic ticket the same time as an affidavit will it still show up on myfinepayment.com ?
Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

Without knowing the ins and outs of how the website works, there is no way to know. Typically, on public information websites, the only thing that will show up are tickets and charges, and not necessarily affidavits.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Is Charge 1-41-29-144 Controlled Substance: Fraudulent Transfer/Possession of prescription a federal offense?

The case was dismissed on April 21, 2022, via Pre-Trial Diversion. How do I get my record expunged

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

If the case was dismissed via pretrial diversion, then the best thing that you could do to have your record expunged is get with a lawyer, who can draft and submit the necessary paperwork to get the case expunged.

1 Answer | Asked in Tax Law for Mississippi on
Q: How long does the state have to collect unpaid sales tax before statute of limitations occurs. I live in MS

The state lost my returns in 2008 and now won’t except a refile. I went out of business in 2010 and filed for bankruptcy on business and personal.

Randall R. Saxton
Randall R. Saxton
answered on Jul 25, 2022

There is no limitation on the time that Mississippi can collect sales taxes from you.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: A Lis Pendens against my property was filed in August 2021.

It alleged breech of contract. How long does the estate have to produce the documentation since none was filed with initial paperwork? Can I file to have this dismissed?

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2022

You will need to hire a competent MS attorney to move for summary judgment and a declaration of release.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Workers' Compensation for Mississippi on
Q: I know this is a long shot or if anything will come of this besides my answer I'm looking for or if anything can be done

I live in a small town in Mississippi as where the police dept I believe don't just do their job in some aspects but go far above and beyond the area of rights and I feel the deliberate disregard for one's rights giving the date place. And whom they are stopping!!! It's as if... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 24, 2022

Without more information, it's very hard to answer your question. Generally speaking, officers and prosecutors have a lot of discretion when it comes to prosecuting or pursuing charges against a person. Even if charges are filed, they can decide to drop the case or drop only certain parts of it.

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