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State credit and debt laws

Mississippi credit and debt laws

Reviewed · 10 sources

Short answer

In Mississippi, the statute of limitations on credit card and other open-account debt is 3 years. That clock limits lawsuits, not credit reporting: under federal law, most negative items leave your credit report after 7 years no matter which state you live in.

Mississippi statute of limitations on debt

Type of debtTime limitLaw
Written contracts3 yearsMiss. Code Ann. 15-1-49(1)
Oral contracts3 yearsMiss. Code Ann. 15-1-29
Open accounts3 yearsMiss. Code Ann. 15-1-29
Promissory notes6 yearsMiss. Code Ann. 75-3-118(a)
  • Written contracts. Mississippi has no separate deadline for written contracts, so the three-year catch-all applies, and the federal appeals court for Mississippi has applied a three-year limit to breach of contract suits.
  • Open accounts. Covers open accounts and accounts stated that the debtor has not acknowledged in a signed writing.
  • Promissory notes. For a note payable on a set date, the six years run from the due date in the note, or from the accelerated due date.

Time limits to sue vs. time on your credit report

The Mississippi deadlines above control how long a creditor or collector can win a lawsuit. They don't change how long an account stays on your credit report. The federal Fair Credit Reporting Act limits most negative items to 7 years in every state, counted from the date of first delinquency, and a payment doesn't restart that reporting clock. See how long negative items stay for both clocks side by side.

Can a payment restart the clock?

An acknowledgment or promise only counts as a new or continuing contract if it is in a writing signed by you (Miss. Code Ann. 15-1-73).

Does Mississippi limit lawsuits on old debt?

Mississippi law adds no rule of its own on suing over old debt. The federal Regulation F ban on suing or threatening suit over time-barred debt applies to debt collectors.

Medical debt on credit reports in Mississippi

Mississippi has no law of its own limiting medical debt on credit reports, so the national rules decide what shows. The three bureaus leave off paid medical collections and any under $500, and an unpaid one can't appear until it is a year old.

Compare every state in medical debt laws by state.

Marriage and debt

Mississippi is not a community property state. Each spouse keeps a separate credit report, and a debt generally belongs to the people who signed for it.

Can employers check your credit?

Mississippi has no statewide law limiting employer credit checks. The federal Fair Credit Reporting Act still requires your written permission before an employer pulls your report.

Where to complain about a debt collector

In Mississippi, complaints about debt collectors and credit reporting can go to Mississippi Attorney General's Office, Consumer Protection Division, as well as to the Consumer Financial Protection Bureau.

More to know in Mississippi

Mississippi gives creditors three years to sue on most debts. Open accounts, accounts stated and unwritten contracts have three years under Miss. Code Ann. 15-1-29, and suits on written contracts fall under the three-year catch-all in 15-1-49. Promissory notes are the main exception, with six years from the due date under the state's commercial code (75-3-118). An open account the debtor acknowledged in a signed writing falls outside 15-1-29, and any acknowledgment or promise has to be in a signed writing to restart the clock (15-1-73). The Attorney General's Consumer Protection Division takes complaints and lists the federal Fair Debt Collection Practices Act among the laws it works with. Mississippi has no law keeping medical debt off credit reports. It is not a community property state, and it has no statewide law limiting employer credit checks.

Guides that go deeper

Sources

  1. The Latest: Keeping Medical Debt Out of Credit Reports, National Consumer Law Center
  2. Medical Debt Can Still Hit Your Credit Report in 35 States, MoneyGeek
  3. Publication 555, Community Property, Internal Revenue Service
  4. A Guide to the States that Ban Credit Checks for Employment, backgroundchecks.com
  5. Mississippi Code 15-1-49: Limitations applicable to actions not otherwise specifically provided for, Justia
  6. Mississippi Code 15-1-29: Limitations applicable to actions on accounts and unwritten contracts, Justia
  7. Mississippi Code 15-1-73: Acknowledgment or promise must be in writing, Justia
  8. Mississippi Code 75-3-118: Statute of limitations, Justia
  9. Lucas v. Evans, No. 17-60081 (5th Cir. Aug. 17, 2017), U.S. Court of Appeals for the Fifth Circuit
  10. Consumer Protection, Mississippi Attorney General's Office

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