Ask a Question

Get free answers to your Small Claims legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Mississippi Small Claims Questions & Answers
2 Answers | Asked in Personal Injury and Small Claims for Mississippi on
Q: Found a roach on my sandwich from a restaurant. Is this a law suite?

I have pictures of the incident if this helps.

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 17, 2024

The short answer is possibly. In Mississippi, you have to prove damages, how and what are you damages. Did you go to the hospital, do you have some type of injury. While is a horrible event, without damages there is no claim. You need to speak to an attorney who handles such claims to see what... View More

View More Answers

1 Answer | Asked in Insurance Bad Faith, Civil Litigation, Landlord - Tenant and Small Claims for Mississippi on
Q: As a Pro Se Litigant in a smalls claim case. Defendant has hired an attorney he has filed a motion seeking Act (11-55-1)

I need know should I file a rebuttal?

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Mississippi attorney could advise best, but your question remains open for a week. Only a local attorney could advise meaningfully on local laws. But as a general point that applies nationwide, until you are able to consult with a local attorney, motions do warrant a response (and generally... View More

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 Contracts, Civil Litigation and Small Claims for Mississippi on
Q: A 30 day period is given to a defendant to submit an answer to a complaint; Should the time include weekends/holidays?

In the State of Mississippi, for civil litigation, it is outlined in MRCP Rule 6 (Time) how to compute time. It mentions if the amount of time is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the time period. It does not mention verbatim an other time... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 6, 2022

The time does include weekends and holidays; however, the rules also speak to whether the deadline to file an answer falls on a weekend or recognized holiday.

1 Answer | Asked in Car Accidents, Civil Rights and Small Claims for Mississippi on
Q: I need to know if someone can take me to court over a car that is in my name that I was allowing to make the payments on

This family member had paid a year worth in advance of payments and still have two months remaining when I took the car back because she refused to get insurance in her name so it was in my name and we had a agreement a handshake agreement that no one wants to drive the vehicle besides her and I... View More

Tim Akpinar
Tim Akpinar
answered on Apr 19, 2021

A Mississippi attorney could advise best, but your question remains open for two weeks. It's difficult to predict what could happen in this situation because it is a somewhat unconventional way to sell or transfer a car. There are some loose ends here in terms of ownership, insurance, and... View More

1 Answer | Asked in Consumer Law, Family Law, Legal Malpractice and Small Claims for Mississippi on
Q: How can I legally access my deceased fathers lawsuit settlement?

My father passed a few months prior to a settlement being reached in a class lawsuit. I reached out on his behalf and was told to submit necessary documents(death certificate, affidavit, etc). I did so by certified mail to insure proper delivery. Yet they've still refused to relinquish his... View More

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2020

A Mississippi attorney could advise best, but you await a response for four weeks. I'm sorry for the loss of your father. It looks like you already made diligent efforts. Ask the case administrators at the firm what further information is necessary. This might be something where more than... View More

1 Answer | Asked in Small Claims for Mississippi on
Q: My boyfriend gave me a credit card to use over 10 years ago now he is critically ill can I still use that credit card

My boyfriend is a married man I’ve been dating him for 12 years

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 17, 2019

Likely not. Even if he is your boyfriend, if he is critically ill and married, more than likely only his wife will have expressed permission to continue using the card.

2 Answers | Asked in Car Accidents and Small Claims for Mississippi on
Q: What can I do if I fall out of my wheelchair On jatran bus because they didn’t have seatbelts
Tim Akpinar
Tim Akpinar
answered on Oct 20, 2019

A Mississippi attorney would be best qualified to address your question, but your post remains open for three weeks. At this point, reach out to attorneys if you were injured in the fall. Most attorneys would give a free initial consult for this type of accident, and if they determined that you had... View More

View More 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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
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?... View More

Thomas A. Grossman
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... View 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... View More

Arthur Calderon
PREMIUM
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... View 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... View More

Stephanie E. Emanuel
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.

View More Answers

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
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... View 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
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.