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Mississippi Questions & Answers
1 Answer | Asked in Legal Malpractice, Family Law and Child Custody for Mississippi on
Q: I have printed the complaint form for professional misconduct but should I submit this without representation now?

I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over... View More

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

To file a complaint against a lawyer for professional misconduct in Mississippi, see this website:... View More

1 Answer | Asked in Tax Law for Mississippi on
Q: How to purchase a home recently acquired by "The State of MS" according to county tax records.

I have not seen the house announced in the paper for auction, nor is it posted anywhere. It was turned over to the state within the last two months or less. Is there an alternate route to taking ownership?

James L. Arrasmith
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answered on Sep 14, 2023

To purchase a property recently acquired by the State of Mississippi for delinquent taxes, you typically need to wait for the property to go through the tax sale or auction process. If it hasn't been advertised or posted yet, it's advisable to monitor announcements and notices from the... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Mississippi on
Q: On a life estate does the remainderman have to be named on the life tenants homeowners policy.
Anthony M. Avery
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answered on Sep 11, 2023

Policyholder and insurance carrier can contract either way. But the remainderman is the one potentially loosing the house itself. Life tenants lose use and probably personal property. Usually life tenants pay for policy which insures both estate holders.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How to get sheriff dept to do thier job?

My friend passed away in her boyfriends front yard he didnt call 911 when she was found he was just sitting on the porch until he realized someone was there then he started pretending to ned help. she had been dead several hours at this point. on the porch where e was her purse was dumped out her... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Under the circumstances you describe, you should assume you are a suspect and should retain a competent and experienced criminal defense attorney as soon as possible. You should also assume police will not give you all the information they have and that they may lie to you to gauge your reactions... View More

1 Answer | Asked in Employment Law and Civil Rights for Mississippi on
Q: How to go about suing a company for American Vunerable Abuse Act in State of Mississippi ?

My son is Autistic but highly functional, he does have certain things that he cannot learn certain things like how to drive and his right hand from his left, count money, and he is also ADHD, his employer knew this when they hired him, he worked for 2 weeks without pay, or the required background... View More

Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2023

I hate seeing this. Based on the facts as you've presented, your son may have a claim for discrimination and constructive termination; however, it is going to depend on some more facts, as those types of cases are very fact intensive. Your best bet is going to be to reach out to a lawyer to... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: what is the penalty possession of a firearm while legally in postion of controlled substance in mississippi?
T. Augustus Claus
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answered on Aug 15, 2023

In Mississippi, the possession of a firearm while in possession of a controlled substance is a serious offense. This offense is often referred to as "possession of a firearm in the commission of a felony" or a similar term, and it is usually treated as a separate offense from the... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Mississippi on
Q: how can i get my car back the law seized on a warrent?
T. Augustus Claus
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answered on Aug 14, 2023

If your car was seized by law enforcement under a warrant, the first step you should take is to contact the law enforcement agency that seized your car to inquire about the process for reclaiming it. They will provide you with information about the necessary steps, documents, and fees that you need... 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 Libel & Slander, Criminal Law and Probate for Mississippi on
Q: Someone had a car towed to my house they pased away 2 days later 10 monts go by then someone showes up to get the car

I told them their was storeag bill and they went and reported the car stolen and told law were it was and that i stole it

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

If you had an agreement with the person who towed the car to your house to pay you a storage fee, you have the right to collect that fee from the deceased person's estate if the estate had enough money to pay that claim. You must present your claim with written evidence of the storage... View More

1 Answer | Asked in Business Law for Mississippi on
Q: A golf course board of directors had a meeting that 4/5 members knew it was the fire the superintendent but the other

Member ( the president) was told it was about equipment . Is that legal ?

Matthew Morris
Matthew Morris
answered on Jul 20, 2023

You will want to consult with Articles of Incorporation and the Bylaws to know whether this was permitted. The law only says that "regular" meetings of the board "may be held without notice of the date, time, place or purpose of the meeting" unless the articles or bylaws have a... View More

1 Answer | Asked in Tax Law for Mississippi on
Q: I owe TN over $200k for past sales tax returns. What are their options they may perform to collect if I live in MS.

I have a salary of $88k before taxes and insurance. Therefore cannot afford the 5 year repayment plan they have offered thus far. Also have a current garnishment from the business on my paycheck currently of 25% or $750 per check. What is the max TN could collect per check?

Carmela Graciela Walrond
Carmela Graciela Walrond
answered on Jul 14, 2023

You can submit an offer in compromise application with Tennessee Department of Revenue. Offer in compromise allows a settlement on your tax debt, if you can show your expenses are more than your income. You may be able to save alot of money in taxes. I hope this information helps you.

1 Answer | Asked in Cannabis & Marijuana Law, Estate Planning, Elder Law and Probate for Mississippi on
Q: Can a judge deny to grant you conservatorship based off the potential conservator having a medical marijuana card?
T. Augustus Claus
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answered on Jul 14, 2023

A judge has the discretion to consider various factors when deciding whether to grant conservatorship, including the potential conservator's circumstances and qualifications. While having a medical marijuana card may be a factor that the judge takes into account, it does not automatically... View More

1 Answer | Asked in Military Law for Mississippi on
Q: Military Re-enlistment

I am currently 48 years old and was an Army Warrant Officer discharged in 2011 with a General (Under Honorable Conditions) after 12 years of service. My Separation Code is JNC and RE: N/A. I did receive a GOMOR that was placed in my OMPF file. I have 2 other Honorable DD-214's while I was... View More

James L. Arrasmith
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answered on Jul 10, 2023

As a former Army Warrant Officer, your chances of re-enlisting in the military will depend on various factors, including the specific requirements and needs of the branch you are interested in. While your General (Under Honorable Conditions) discharge and previous honorable service may work in your... View More

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Currently in chapter 13. Can I be sued in small claims court for an issue outside of my bankruptcy case?

Did some minor repairs for a friend and they were not satisfied and wanted a refund.

Randall R. Saxton
Randall R. Saxton
answered on Jun 15, 2023

Yes, IF the claim arose after you filed for bankruptcy, it's called a "post-petition debt." A post-petition debt isn't subject to the authority of the bankruptcy court. You won't be able to rely on the automatic stay to stop them from pursuing the claim, and the debt from... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a person doesn't bond out of jail after being charged with a felony, is there a set number of days to get indicted?
Arthur Calderon
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Arthur Calderon
answered on Jun 12, 2023

Long story short, there is no set number of days that they State has to present a case over to the grand jury for a potential indictment; however, with each passing day, there is an increased likelihood of a dismissal based on the violation of the constitutional right to a speedy trial. The other... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Penalties for conviction of taking a motor vehicle first offense in Mississippi
Arthur Calderon
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Arthur Calderon
answered on Jun 6, 2023

The penalties for auto-theft are relatively low. That being said, if this was the person's first offense, there is a significant likelihood that the person could avoid jail time and even avoid having this on their record. I would highly recommend that the person reach out to an experienced... View More

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: I live in Baldwyn MS, the neighbor dog has bitten three children in community, and what can I do to keep my child safe

The dog is allowed to run loose, and come across road to my house regularly, I have a 2 year old grandchildren afraid to go in yard..I have shot at it.,and hollered, neighbors just look and leave.

Arthur Calderon
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Arthur Calderon
answered on Jun 6, 2023

There's really not a whole lot that you can do, aside from alert local law enforcement. Keep in mind that in Mississippi, a dog really only gets one bite, and that one bite puts the owner on notice of the dog's violent propensities. In other words, after that first bite, the owner is... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Environmental for Mississippi on
Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.

Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse... View More

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

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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