Mississippi Civil Litigation Legal Questions

Unless a contract provides otherwise, most debt enforcement procedures, including garnishment of income, can only be employed after a judgment, in other words only after you sue and a court finds that you are owed the money.  Once you get a judgment, you can garnish the judgment debtor's income (except for certain exempt income, which does not seem to apply here).... Read More

I'm  not admitted to practice in MS and so couldn't represent you, but I thiink you should be aware that the problem with suing the person who shot you, in most instances, is that they won't have any money to pay, especially if, as I assume, that person is in jail.  Obtaining a large judgment is great, but it means nothing if the judgment debtor can't pay it.  That's why when you consult a lawyer in MS (you need to do so) he/she will try to ascertain if (a) the person who shot you has assets and/or insurance coverage; and (b) if there is any other party who could be deemed partly responsible for your damages.  For example, any lawyer would look into the question of whether Winn Dixie had perhaps been negligent in failing to provide adequate security, if the person/entity who had sold/given/loaned the gun to the shooter was negligent in doing so, etc.... Read More

Defamation (which can be either slander or libel, depending on whether it is oral or written) is a civil tort, not a crime.  To fight it, you can try to publicize the true facts and/or file a civil lawsuit.  The state would not be involved in either, other than to administer and adjudicate your lawsuit.... Read More

If you make a defamatory statement in an email which you send to third parties (I'm not saying that what you wrote in your email is, but some of it might be considered defamatory) you can be successfully sued for defamation.  The disclaimer that "the information in the email was not meant to defame the person" would not shield you.  However, if what you wrote is true, it cannot be defamatory.  Also, only statements of fact are defamatory, not statements of opinion.  Arguably, your statements were merely statements of your own opinion.  Also, although there are exceptions to the rule which may apply here, generally a person must be able to show actual money damages in order to win a defamation suit.  Did this person suffer any such quantifiable damages as a result of your email?... Read More

I'm very sorry for your loss.  You have to look at the policy to be sure, however it is very likely that the insurance policy only covers the killer (remember the policy is for his benefit, to pay his liability, not yours) against accidents, not intentional acts.  This does not mean that you will not be awarded damages in a civil suit, but you will have to collect from the killer, if you can, not his insurance company.... Read More

The state of limitations on fraud generally starts to run when the plaintiff first learns, or with reasonable diligence should have learned, of the fraud. The limitation period may be extended if the defendant conceals her wrongful acts. It is not possible to tell from your facts when the limitation period may have run. You should consult with an attorney in Mississippi, whose law applies, to see whether the limitation period may have been "tolled" (suspended) while the fraud remained undiscovered. It is extremely unlikely that the related crime, if indeed one was committed, remains prosecutable, and you have very little chance of recovering money -- which is your objective -- from someone in jail or who has just handed over thousands of dollars to her criminal defense counsel.... Read More