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Mississippi Questions & Answers
1 Answer | Asked in Animal / Dog Law, Constitutional Law and Personal Injury for Mississippi on
Q: Dog next door has killed over 11 chickens all caught on surveillance camera and in the act of killing of two chickens II

I ran the dog down which by the way has bit my left palm I pursued the dog into its yard and out of it into the highway . Never hit the dog only expressed my frustration of my livestock loss to the owner and owner doesn't show or

with no consideration of compensation for its... View More

James L. Arrasmith
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answered on Aug 31, 2024

You're facing charges because, under the law, your actions after the incident with the dog may have been perceived as taking matters into your own hands rather than following legal channels. Even though the dog attacked your chickens and bit you, the way you pursued the dog and expressed your... View More

1 Answer | Asked in Uncategorized for Mississippi on
Q: How do I find out if my niece has power of attorney for her father, my brother? I don’t believe she does.

She has moved from n. MS to Madison. Left him in a senior community apt complex. She took his debit card that his soc sec $ is put on monthly, took battery from his truck so he couldn’t go anywhere. But he either is getting dementia or has signs big time of Alzheimer’s. She didn’t tell the... View More

James L. Arrasmith
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answered on Aug 31, 2024

To find out if your niece has power of attorney for your brother, you can start by asking her directly for a copy of the document. If she claims to have it and refuses to show it, that could be a red flag. You might also want to speak with your brother, if possible, to see if he recalls signing any... View More

1 Answer | Asked in Arbitration / Mediation Law for Mississippi on
Q: i need legal help to get a mediation done pro se and the opposing council is refusing to get us the ordered mediation
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

A Mississippi attorney could advise best, but your question remains open for over a week. Until you're able to discuss with local attorneys, you could look into legal aid organizations. You could also check with state and local bar associations whether they have resources for finding pro bono... View More

1 Answer | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Legal Malpractice for Mississippi on
Q: boyfriend recieved two tickets for bad tag and running red light, red light ticket was blank. was charged for speeding?

ticket for “running a red light” was left fully blank. officer verbally said it was because he ran the light but in court today (7/30) he was charged for speeding, nothing mentioned about the light. is there anything we can do? i am irritated about being lied to by someone who is meant to be... View More

James L. Arrasmith
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answered on Aug 5, 2024

You have every right to be upset about this situation. If the ticket for running a red light was left blank and your boyfriend was instead charged with speeding in court without prior notice, this raises several issues. The most immediate step you can take is to review the court records and the... View More

1 Answer | Asked in Civil Rights for Mississippi on
Q: What can I do about nuisance kids in neighborhood?

I live in a rental community that contains only single family homes. There is a group of kids who spend all day, every day trying to torment the various tenants in the neighborhood. I caught them on camera yesterday throwing a ball deliberately at my car which was parked in my driveway. They are... View More

James L. Arrasmith
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answered on Jul 28, 2024

Dealing with nuisance kids in your neighborhood can be challenging, especially when they are damaging your property. You can take a few steps to address this issue more effectively. First, document all incidents thoroughly with photos, videos, and detailed notes of each occurrence.

Next,...
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1 Answer | Asked in Civil Rights for Mississippi on
Q: Can I sue the man that molested me when I was a child for PTSD now that im older and have him on video

I have confronted my sex abuser 4 x in 2022 about molesting me and my twin sister when we’re adolescents. Every time I confront him he never say he didn’t do it he only say he don’t remember it and I have him actually looking in my iPhone camera while I record him and he say he don’t... View More

James L. Arrasmith
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answered on Jul 28, 2024

You may have the option to sue the man who molested you for PTSD, anxiety, and depression, but it depends on several factors, including the laws in your state and the statute of limitations for such cases. Many states have extended the statute of limitations for child sexual abuse cases, allowing... View More

1 Answer | Asked in Adoption, Civil Rights and Family Law for Mississippi on
Q: Looking for a civil rights attorney to deal with a cps case in Mississippi.
James L. Arrasmith
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answered on Jul 27, 2024

Finding the right attorney for your CPS case in Mississippi is crucial. Start by looking for attorneys with experience in civil rights and family law. These professionals can offer guidance and represent your interests effectively.

You can begin your search by asking for recommendations...
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1 Answer | Asked in Criminal Law, Domestic Violence and Military Law for Mississippi on
Q: The state of MS pressed Domestic Violence Simple Assault charges on my Fiancé after police were contacted.

I did not contact cops. My fiancé does not have a criminal history other than traffic violation (speeding ticket). I do not have the desire for him to be convicted, but at the initial hearing he was advised a second hearing would have to occur in September and I am possibly being subpoenaed, as... View More

James L. Arrasmith
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answered on Jul 18, 2024

It's important to understand that once the state has pressed charges, the case is out of your hands. The prosecutor will decide whether to proceed, and your desire for dismissal may not change their decision. However, hiring an attorney can help you navigate the legal system and ensure your... View More

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Bankruptcy adversarial proceeding for student loans if you are already in the 3 year monitoring for disability discharge

I was approved for a student loan discharge via disability and am in the 3 year monitoring period. Unfortunately that period will not be up until Dec 2026 which is beyond the period where you don't get a 1099-C. Since the Dallas court ruled that in our district we can only have our student... View More

James L. Arrasmith
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answered on Jul 18, 2024

Your understanding of the court ruling in Dallas seems accurate. If you are already in the three-year monitoring period for disability discharge and still qualify as disabled, you may be able to pursue an adversarial proceeding in bankruptcy to discharge your student loans without receiving a... View More

1 Answer | Asked in Criminal Law, Libel & Slander, Appeals / Appellate Law and Civil Rights for Mississippi on
Q: How can I file charges of falsification of sexusl assault of a minor in respect of a friend and give a failure of due pr
James L. Arrasmith
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answered on Jun 26, 2024

If you have genuine concerns about a crime against a minor, the proper course of action is to report factual information to the appropriate authorities, such as local law enforcement or child protective services. They are equipped to investigate such matters properly.

If you believe there...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Mississippi on
Q: If someone buys the house I’m leasing, can they evict me early?
Anthony M. Avery
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answered on Jun 11, 2024

New owner takes subject to the rights of those in leased possession. But owner can look for any kind of lease breach, or even seek possession without a legitimate reason. Be careful and consider other leaseholds if served.

1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: I had light bar on jeep wrangler and was no vehicle around me but it was parked police car on side of road but didnt idk
James L. Arrasmith
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answered on May 24, 2024

If you had a light bar on your Jeep Wrangler and passed a parked police car on the side of the road, it’s important to know the laws regarding light bars in your area. Many states have specific regulations about when and where light bars can be used, often restricting their use to off-road... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I hold the deed to my parents property both are deceased. I was asked for a deed from the heirs. What does this mean?

I hold the deed to the property though quit claim. The title co. stated that if I want to sell the property they will need to get deeds from the heirs. What does this mean.

Anthony M. Avery
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answered on Apr 30, 2024

Apparently you are not the fee owner. Others believe the heirs own as tenants in common. Hire a MS attorney to search the title and determine ownership.

1 Answer | Asked in Child Custody for Mississippi on
Q: Investigater lied on stand they said I took my child on burglary I never had burglary charge. They said neglect educati.

They lied on court papers .they just took my kid before they did any investigation. And then lied about him haven someone to go with .they said I neclected education. He is 12 in 6th grade. They are traumatizing me and my child . I was aressted then charges dropped. But there court papers say... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 28, 2024

What is your question?

1 Answer | Asked in Civil Rights for Mississippi on
Q: Can I still file a civil lawsuit for police misconduct after statute of limitations passed if tolling changes the time?

I was involved in a police misconduct/abuse case involving a taser in 2017 during routine traffic stop. I was told I could not seek civil defense until after any criminal charges were dropped or dismissed. After dismissal of criminal charges I started to seek civil litigation 2019 in which I found... View More

James L. Arrasmith
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answered on Apr 16, 2024

In certain circumstances, the statute of limitations for filing a civil lawsuit can be extended or "tolled" due to specific factors such as mental incapacity or the COVID-19 pandemic. However, the application of tolling rules varies by jurisdiction and the specific details of your case.... View More

1 Answer | Asked in Tax Law and Banking for Mississippi on
Q: MS Code § 27-7-1103 (2020): Can I transfer funds from my 1st time home buyer savings account to another account?

In reference to MS Code § 27-7-1103 (2020) and MS Code § 27-7-1101 (2020), I have an existing first time home buyer savings account already. Specifically in reference to item #3 in MS Code § 27-7-1103 (2020), can I close the account and deposit the cashiers check into my main bank account a... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on my understanding of the Mississippi Code sections you referenced (MS Code § 27-7-1103 and § 27-7-1101) here are the key relevant points:

1. MS Code § 27-7-1103(3) states that funds withdrawn from a first-time home buyer savings account must be used for eligible costs related to...
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1 Answer | Asked in Estate Planning for Mississippi on
Q: My father recently died and his ex wife is still on deed and was wondering if I had a chance to claim it? He had no will

It was a legacy deed but they have been divorced 5+ years and she lives in another state

Anthony M. Avery
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answered on Apr 1, 2024

Hire a competent MS attorney to search the title and determine ownership. You might own an interest as an heir or she may own the fee. If so, you may want to make a cash offer for her to deed the property to you.

1 Answer | Asked in Medical Malpractice for Mississippi on
Q: My attorney had his license suspended .I have a medical malpractice case with him should I get my case document from him

and take to another attorney?My Spouse passed away in October 09 ,22 I signed a contract with this lawyer in Nov ,22 . In early part of 23 he took a medical leave and later that year his license got suspended. He was supposed to be back early February but his office is still closed . The Medical... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 13, 2024

You should, immediately, consult with other attorneys, with experienced medical malpractice attorneys in the state where this occurred.

1 Answer | Asked in Foreclosure and Real Estate Law for Mississippi on
Q: I am self-financing a property. The resident is now 4 months behind on his payments. What can I do?

I have texted reminders to him each m.onth. Property is in Lena, MS

Anthony M. Avery
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answered on Mar 11, 2024

If you have a Deed of Trust, then you must Foreclose. If you have a Contract(Lease With Option To Purchase), then you must sue for possession. Hire a MS attorney to handle this.

1 Answer | Asked in Estate Planning for Mississippi on
Q: My dad passed away in 2008 and left no will. I am trying to file a claim on behalf of his estate. He resided in MS.

How do I become authorized to file on his behalf and how long does the process take?

Anthony M. Avery
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answered on Mar 8, 2024

Consult with a MS attorney. But there is a good chance the SOL has already run on any cause of action your Father had at death.

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