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Dustin N Thomas
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Dustin Thomas’s Answers

65 total


  • How long can they hold you in county jail before taking you for bond in mississippi

    Felonies

    Dustin’s Answer

    Most people will tell you 48 hours, however that creates a presumption against police however 8 hours can be too long based on circumstances. You need to talk to a lawyer

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  • My sister used power of attourney to change my fathers will.

    I was in prison I did not know how how to contest it.Is there anything I can do

    Dustin’s Answer

    Your sister cannot change his will with a power of attorney, she may be able to use his assets while he is still alive but not "change" the will

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  • My wife was drunk and had sex on a National TV reality show, this has caused her to file for divorce is the show responsible?

    I have the video of her on the show we have small children since I do not have an attorney she has filed fault on me so she can get full custody of our children. Her attorney served me with divorce papers and I have 15 days left before court she i...

    Dustin’s Answer

    You may call my office and make an appointment for a consultation. I am located in Pascagoula and would be happy to review your options with you. The court date is probably a temporary hearing and you were most likely served with a Rule 81 Summons where the date is required to be set before you are served as you must be summonsed to a date and time certain. Nothing nefarious there, they had to do it that way. If there was a Rule 81 summons you must be served at least 7 days prior to a hearing.

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  • Do you think i need a lawyer?..I ate at a resturant 3 months ago. I ordered a burger bit into the burger and bit a screw.

    I chipped a tooth and had to get a root canal. I did report it to the Manager (owner).He walks up grab the screw, and tossed it out the back door. Then calls me to the side and said his insurance company will take care of my dental charges and tha...

    Dustin’s Answer

    Why don't you go back and give your dental bills to the manager and see if they are going to pay. Anyone else with you that knows about the incident and witnessed it?

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  • Who will help me with changing the house deed to my name so I can change the water utility account to my name?

    My wife passed away last year. The deed to the house is in her name. The water department will turn off my water at the house on April 20th if I don't switch the account name from hers to my name. First, I must change the deed to my house from her...

    Dustin’s Answer

    You will need to open an estate, did she have a will? Any children? You may not be able to get it in just your name.
    Call my office and make an appointment 228-696-8881

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  • I signed a no compete clause in may 2012, is there ways to get out of this or how long is it valid

    i signed a no compete clause in may 2012, this is a cleaning business. i have only received a .25 cent raise in this time, plus other things that have happened in this company. i am looking to start my own cleaning business, is this something i ca...

    Dustin’s Answer

    Non compete agreements are generally enforceable in Mississippi if they are reasonable. You would really need to have an attorney read over what you signed to see if it is reasonable.

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  • My lease expires end of month. property has sold landlord told me I have til end of month to vacate? Live in MS is that ok?

    Or does he have to give me 30 days?

    Dustin’s Answer

    Depends on what the lease says about notice and renewing the lease.

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  • Is a first dui a felony?

    Tickets

    Dustin’s Answer

    It certainly can be if you are in an accident and someone is hurt or killed. Also, if you have a child under 16 in the car with you it is still a misdemeanor for the fist offense but you can be sentenced to a full year in jail

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  • Do I need an attorney to ask for the diversion program? Or a public defender? What plea do I present in order to get it?

    I got arrested for shoplifting. It was my first time being arrested, and the policeman said I could ask for some way to get it off my record. I'm going to college for pharmacy school, so it's urgent that I get it off my record. I'm not sure if ...

    Dustin’s Answer

    Is this a felony or misdemeanor? If felony, get a lawyer, you could get public defender only if you qualify.

    If misdemeanor you can talk to the prosecutor about a plea, I believe I would still get a lawyer as some changes in the law may help you after July 1, 2014. You should be able to keep this off your record which is worth whatever a lawyer charges you.

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  • How do I renew a court awarded settlement? Back in 2008, the County Court of Jackson County (MS) awarded me a settlement.

    It was filed with the Circuit Court office. I have not been paid one single cent yet. I am approaching the 7 year point and want to ensure that my claim gets renewed in hopes that some day I might get something. How do I go about renewing the c...

    Dustin’s Answer

    • Selected as best answer

    To renew a judgment under the new procedure, one files a notice with the clerk of the court that rendered the judgment. The notice should be in substantially the following form:

    NOTICE OF RENEWAL OF JUDGMENT OR DECREE

    (a) Notice is given of renewal of judgment that was rendered and filed in this action as follows:

    (i) [Date that the original judgment was filed];

    (ii) [Case number of such judgment];

    (iii) [Judgment was taken against];

    (iv) [Judgment was taken in favor of];

    (v) [Current holder of such judgment];

    (vi) [Current amount owing of such judgment].

    (b) If applicable, that a Notice of Renewal of Judgment or Decree has been previously filed with the clerk of the court on [date].

    The clerk enrolls the renewal in the same manner as an original judgment, and the renewal is effective as of the date of filing with the clerk. The right to file suit to extend a judgment continues unimpaired.

    At the time of filing notice, the judgment creditor or attorney must file an affidavit setting out the name and last known post office address of the judgment debtor and judgment creditor. The clerk shall “promptly” mail a copy of the notice to the judgment debtor at the address provided, and shall make a notation of mailing on the docket. The notice shall include the name and address of the judgment creditor and attorney, if any. The judgment creditor may mail a copy and proof of mailing with the clerk. Lack of mailing by the clerk does not affect the validity of the renewal if the judgment creditor files its own proof of mailing.

    The renewed judgment is enforceable for seven years from the date of filing, and may be renewed in successive terms in like manner.

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