Mississippi Debt Collection Laws: Time Limits, Garnishment and Your Rights
Mississippi debt rules: statute of limitations, wage garnishment limits, protected bank and home exemptions, judgments, collector rules and how to answer a debt lawsuit.
Quick answers for Mississippi
- Time limit to sue on a written contract
- 3 years. Mississippi's general catch-all period of 3 years applies to written contracts, and unwritten contracts are expressly 3 years. Miss. Code Ann. § 15-1-49(1); § 15-1-29
- Wage garnishment limit
- Wages are fully exempt for 30 days after a writ of garnishment, attachment or execution is served. After that, the federal limit applies: no more than the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum wage. Miss. Code Ann. § 85-3-4
- Money protected in a bank account
- No separate bank account exemption. A debtor may choose up to $10,000 in total of certain personal property, which includes cash on hand, motor vehicles, household goods and tools of the trade. Retirement plan assets are exempt. Miss. Code Ann. § 85-3-1(a), (e)
- Answering a debt lawsuit
- In circuit, chancery and county court, serve your answer within 30 days after you are served with the summons and complaint. Justice court cases follow different rules. Miss. R. Civ. P. 12(a)
Last verified: 2026-10-26
Time limits
| Time limit to sue on a written contract | 3 years. Mississippi's general catch-all period of 3 years applies to written contracts, and unwritten contracts are expressly 3 years. The official code is published only through LexisNexis, so text was verified on a public mirror (FindLaw, current as of January 1, 2025). |
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| Time limit for credit cards and open accounts | 3 years for an open account or account stated not acknowledged in a signed writing, and for any unwritten contract (except where the Uniform Commercial Code provides otherwise). Verified on public mirror (FindLaw); official code is LexisNexis-only. Source: Miss. Code Ann. § 15-1-29 |
| Can a payment restart the clock? | For contract debts, an acknowledgment or promise extends the time to sue only if it is in a writing signed by the person who owes the debt. One co-obligor's acknowledgment does not bind the others. Verified on public mirror (FindLaw). Source: Miss. Code Ann. § 15-1-73 |
| How long a judgment lasts | 7 years from the judgment or its last renewal. Before it expires, the creditor may renew it by filing a Notice of Renewal of Judgment with the clerk of the court that entered it; the clerk mails notice of the renewal to the debtor. Verified on public mirror (FindLaw); official code is LexisNexis-only. Source: Miss. Code Ann. § 15-1-43 |
If you are sued
| Answering a debt lawsuit | In circuit, chancery and county court, serve your answer within 30 days after you are served with the summons and complaint. Justice court cases follow different rules. Source: Miss. R. Civ. P. 12(a) |
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Garnishment and what creditors can't take
| Wage garnishment limit | Wages are fully exempt for 30 days after a writ of garnishment, attachment or execution is served. After that, the federal limit applies: no more than the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum wage. The limits do not apply to support orders or state and local taxes. Verified on public mirror (FindLaw); official code is LexisNexis-only. Source: Miss. Code Ann. § 85-3-4 |
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| Money protected in a bank account | No separate bank account exemption. A debtor may choose up to $10,000 in total of certain personal property, which includes cash on hand, motor vehicles, household goods and tools of the trade. Retirement plan assets are exempt. Verified on public mirror (FindLaw). Federal benefits deposited directly are protected under 31 CFR Part 212. Source: Miss. Code Ann. § 85-3-1(a), (e) |
| Homestead exemption | Up to $75,000 in equity (value minus mortgages, taxes and other liens) in land and buildings owned and lived in as a residence by a householder, up to 160 acres. A mobile home used as a primary residence can instead be exempt up to $30,000 in equity. Verified on public mirror (FindLaw); official code is LexisNexis-only. A spouse or widow(er) over 60 who has claimed the exemption keeps it even if not living there. |
| Vehicle exemption | No separate vehicle exemption. Motor vehicles are covered by the $10,000 total personal property exemption the debtor selects (shared with household goods, tools and cash on hand). Verified on public mirror (FindLaw). Source: Miss. Code Ann. § 85-3-1(a)(ii) |
| Bankruptcy exemptions | Mississippi is an opt-out state: residents may not use the federal bankruptcy exemptions and must use Mississippi's exemptions. Verified on public mirror (FindLaw); official code is LexisNexis-only. Source: Miss. Code Ann. § 85-3-2 |
Debt collectors and interest
| Interest rate limits | Judgments on a sale or contract bear interest at the contract rate. Other judgments bear interest at a rate set by the judge. The legal rate on notes, accounts and contracts is 8% a year unless a different finance charge is agreed in writing as allowed by law. Verified on public mirror (FindLaw). § 75-17-1: https://codes.findlaw.com/ms/title-75-regulation-of-trade-commerce-and-investments/ms-code-sect-75-17-1/ |
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Debt & Collections FAQ
What is the statute of limitations on debt in Mississippi?
3 years. Mississippi's general catch-all period of 3 years applies to written contracts, and unwritten contracts are expressly 3 years.
How long can a creditor sue on a credit card debt in Mississippi?
3 years for an open account or account stated not acknowledged in a signed writing, and for any unwritten contract (except where the Uniform Commercial Code provides otherwise).
Does making a payment restart the statute of limitations in Mississippi?
For contract debts, an acknowledgment or promise extends the time to sue only if it is in a writing signed by the person who owes the debt. One co-obligor's acknowledgment does not bind the others.
How long does a court judgment last in Mississippi?
7 years from the judgment or its last renewal. Before it expires, the creditor may renew it by filing a Notice of Renewal of Judgment with the clerk of the court that entered it; the clerk mails notice of the renewal to the debtor.
How much of my wages can be garnished in Mississippi?
Wages are fully exempt for 30 days after a writ of garnishment, attachment or execution is served. After that, the federal limit applies: no more than the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum wage. The limits do not apply to support orders or state and local taxes.
How much money in a bank account is protected from creditors in Mississippi?
No separate bank account exemption. A debtor may choose up to $10,000 in total of certain personal property, which includes cash on hand, motor vehicles, household goods and tools of the trade. Retirement plan assets are exempt.
What is the homestead exemption in Mississippi?
Up to $75,000 in equity (value minus mortgages, taxes and other liens) in land and buildings owned and lived in as a residence by a householder, up to 160 acres. A mobile home used as a primary residence can instead be exempt up to $30,000 in equity.
Can a creditor take my car in Mississippi?
No separate vehicle exemption. Motor vehicles are covered by the $10,000 total personal property exemption the debtor selects (shared with household goods, tools and cash on hand).
What is the maximum legal interest rate in Mississippi?
Judgments on a sale or contract bear interest at the contract rate. Other judgments bear interest at a rate set by the judge. The legal rate on notes, accounts and contracts is 8% a year unless a different finance charge is agreed in writing as allowed by law.
How do I respond to a debt collection lawsuit in Mississippi?
In circuit, chancery and county court, serve your answer within 30 days after you are served with the summons and complaint. Justice court cases follow different rules.
Which bankruptcy exemptions can I use in Mississippi?
Mississippi is an opt-out state: residents may not use the federal bankruptcy exemptions and must use Mississippi's exemptions.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.