Mississippi Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Mississippi's Statutes Of Limitations. Mississippi phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Mississippi Fair Debt Collection Consumer Practices Guide summarizes Mississippi's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Mississippi Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Mississippi’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Mississippi Debt Exemption Law!
Mississippi Statute summary
Mississippi has opted out of federal bankruptcy exemptions - Mississippi
Code Annotated § 85-3-2.
Wages: Mississippi Code Annotated § 85-3-4.
Homestead: Mississippi Code Annotated §§ 85-3-21 through -27, and
85-3-1(e).
Tangible personal property: Mississippi Code Annotated § 85·3-1.
Benefits, retirement plans, insurance, judgments, and other intangibles: Mississippi Code Annotated §§ 85-3-1, 85-3-11 through -19.
Mississippi Debt Statutes of Limitation
Your debt may have expired under Mississippi’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Mississippi Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Mississippi Debt Statutes of Limitation
Contracts and Promissory Notes: 3 years (MCA 75-3-118, 75-2-725, and 15-1-49).
Open Accounts: 3 years from the date at which time the items on the account became due and payable,(MCA 15-1-29 & MCA 15-1-31).
Judgment liens on real estate: 7 years, but can be renewed by filing suit to renew judgment prior to expiration of 7th year, (MCA 15-1-47).
Deficiency claims: 1 year from sale of collateral, (MCA 15-1-23)
Enforcement of construction liens: 1 year from date lien is filed, (MCA 85- 7-141)
Mississippi Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Mississippi’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Mississippi law.
Mississippi Wage Garnishment Procedural Requirements
On the suggestion in writing by the plaintiff in a judgment or decree in any court upon which an execution may be issued, that any person, either natural or artificial, including the Statutee, any county, municipality, school district, board or other political subdivision thereof, is indebted to the defendant therein, or has effects or property of the defendant in his, her or its possession, or knows of some other person who is indebted to the defendant, or who has effects or property of the defendant in his, her or its possession, it shall be the duty of the clerk of such court to issue a writ of garnishment, directed to the sheriff or proper officer, commanding him to summons such person as garnishee to appear at the term of court to which the writs of garnishment may be returnable, to answer accordingly. Miss. Code Ann. _ 11-35-1.
A writ of garnishment shall be served as a summons is required by law to be executed; but if the garnishee be not personally served, and make default, judgment nisi shall be rendered against him, and a scire facias awarded, returnable to the next term, unless the court be satisfied that the garnishee can be personally served at once, in which case it may be returnable instanter. Miss. Code Ann. _ 11-35-9 [1].
Except for wages, salary or other compensation, all property in the hands of the garnishee belonging to the defendant at the time of the service of the writ of garnishment shall be bound by and subject to the lien of the judgment, decree or attachment on which the writ shall have been issued. Any indebtedness of the garnishee to the defendant, except for wages, salary or other compensation, shall be bound from the time of the service of the writ of garnishment, and be appropriable to the satisfaction of the judgment or decree. Miss. Code Ann. _ 11-35-23.
The garnishee shall be allowed for his attendance, out of the debts or effects in his possession, or against the plaintiff in case there be no debts or effects in his possession, provided he shall put in his answer within the time prescribed by law, the pay and mileage of a juror, and, in exceptional cases rendering it proper, the court may allow the garnishee reasonable compensation additional to the foregoing and to be obtained in the same way. Miss. Code Ann. _ 11-35-61.
Interest Rate at which Judgments Accrue All judgments or decrees founded on any sale or contract shall bear interest at the same rate as the contract evidencing the debt on which the judgment or decree was rendered. All other judgments or decrees shall bear interest at a per annum rate set by the judge hearing the complaint from a date determined by such judge to be fair but in no event prior to the filing of the complaint. Miss. Code Ann. _ 75177. Applicable Forms Writ of Garnishment, Miss. Code Ann. _ 11-35-5. (Special rules apply to garnishment of judgments against a public officer or employee.)
Mississippi (Debt Collector) Call Recording Law
Under Mississippi State and Federal Call Recording Laws, you could record the actual recorded conversation with a debt collector in your efforts to stop debt collectors from calling! Mississippi is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Mississippi.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
