George Simons | June 29, 2024
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: When you receive a Summons for debt collection in Mississippi, you only have 30 days to respond before you risk losing by default judgment. To respond, draft and file an Answer document, file it with the court, and send a copy to the opposing attorney. In your Answer, address each claim against you and include a list of your affirmative defenses. SoloSuit can help you draft and file your Answer online in minutes.
“I hope I get sued for debt collection today!” — said no one ever.
This article helps to make the process of responding to a debt lawsuit a little bit easier. Below, you'll find helpful topics on how to answer a summons for debt collection in the Mississippi and what to expect in this type of legal action. This list includes information specific to filing in Mississippi, like Mississippi deadlines, forms, and fees.
Sued for debt in Mississippi? SoloSuit can help you file an Answer into your case before the 30-day deadline.
Start my Answer.Table of Contents
You have 30 days to respond to a summons for debt in Mississippi.
Your first notice of the lawsuit against you was likely receiving the Summons and Complaint. This is what starts a lawsuit.
The Summons is the notice from the Court that a lawsuit has begun (with the filing of the Complaint) and tells you the time period for your response. And “service” or “being served” refers to when you received these documents, usually in-person or via U.S. Mail. Often these documents will also have a “certificate of service” which states the date that you were notified.
The Complaint is the allegations by the plaintiff (either your creditor or a third-party collection agency that purchased the debt from your original creditor) and specifically mentions the debt amount owed plus interest and court costs. This document usually contains a numbered list of all the claims against you.
Knowing the date of service is vital to determining your deadline to respond. In Mississippi, you have 30 days to respond to a debt collection lawsuit.
This deadline is outlined in Miss. R. Civ. P. 12, which states:
"A defendant shall serve his answer within thirty days after the service of the summons and complaint upon him or within such time as is directed pursuant to Rule 4."
When it comes to responding to a Missisippi Summons, it's important to keep a few things in mind:
Abiding by this deadline is the single best thing you can do for yourself in this situation. It's tempting and very common to want to ignore a lawsuit against you. And that reaction is exactly what the party bringing the lawsuit against you (or “plaintiff” in legal terms) is banking on. Because if you don't respond to the debt collection lawsuit within the allowed time period the Court will order something called a default judgment in favor of the plaintiff.
A default judgment means that they win the lawsuit simply because you didn't respond to it. In some circumstances it might be possible to ask the Court to set aside a default judgment to allow you an opportunity to respond, but this is extremely rare. Once they have a default judgment in-hand, the plaintiff can come after you in more aggressive ways to collect the money, most commonly by using the Court order to garnish your paycheck or tax returns. This results in money coming out of your paycheck before you even see it, which will put you in an even worse financial position than before. And while it might be possible to ask the Court to set aside a default judgment and give you a chance to respond, it's very rare that this happens.
Knowing this, you can see just how important it is to make sure that you do respond to the lawsuit within the allowed timeframe. First of all, it throws a wrench into the works for the plaintiff, who was hoping to just intimidate you and then sit back and collect their judgment and money. If you respond, they'll need to pay their own attorneys to handle the case and it'll take time and effort on their part. They hate that. So let's do it.
Missisippi doesn't have a statewide Answer to Summons form, but SoloSuit's Answer form is easy to fill out and is accepted by courts throughout the entire state. With just a few questions, the SoloSuit software helps translate your responses into the proper legalese and format to file an Answer in Mississippi. In addition, an attorney can review it to make sure everything is just right, and a legal support specialist will file it on your behalf so you don't need to worry about any of the details.
There are also number of forms available online for other legal actions in Mississippi. Here's a sample Answer form, although please note it is not specific to Mississippi. We will guide you through the process to draft a proper answer below, both in form and content, to use as your defense in your debt collection case.
If the lawsuit is filed in Justice Court (for civil matters concerning less than three thousand five hundred dollars) you can check out this helpful guide for representing yourself (also referred to as “pro bono.”)
A lawsuit begins when the plaintiff files their Complaint against you in the Court and then serves that document along with a Summons from the Court.
You can respond in one of two ways; either an Answer document or a Motion. An Answer document is more straightforward and usually sufficient. Motions are requests made to the Court that should really be handled by attorneys as there is a lot more specific procedure involved.
As we discussed above, if you don't respond within that 30-day period, you will automatically lose your case by default judgment. All you need to do to avoid that outcome is to complete the four steps below:
It's never a bad idea to make an additional copy of the paperwork for your own records as well. We will detail each step below.
Step one tom making your response to a debt collection lawsuit is creating your answer document in the proper format.
To do so, you'll need to gather the information listed on the Complaint and Summons and add it to your Answer. This includes the following:
Make certain to create the caption portion (plaintiff vs. defendant etc.) in the same format as the documents you received. This is necessary to file your Answer with the Court. Once you have formatted your Answer document with the information you gathered you're ready to move on to step two.
The next step is to respond to the Complaint. It's probably a lot easier than you think.
SoloSuit makes it easy to respond to every paragraph.
You'll want to read through the Complaint and consider each numbered paragraph separately, and then respond with one of the following three ways:
Choose whichever of the above responses is appropriate and list it in your Answer document. Be certain to list each response beginning with the same number as the corresponding paragraph in the Complaint, so it is clear to see which response goes with each allegation.
Keep in mind that you don't need to deny each allegation in order to win (although that can be a strategic decision, more on that below.) There's no harm to admitting facts that are true, such as your name and address. You should use the third response when you can't verify something, for example, the debt collection company suing you may state that they are incorporated in Mississippi. Chances are you have no way to independently verify that claim, so saying “I don't know” as your response is perfectly fine.
As an alternative, you could go with making a general denial, where you deny everything in the complaint and force the other side to prove everything. This is a tactic often recommended by attorneys. It puts the burden of proof on the plaintiff to prove everything.
The third step might even be fun because this is where you get to fight back by asserting affirmative defenses. An affirmative defense is a reason you can assert to show why the plaintiff doesn't have a case. There are plenty of possible affirmative defenses under Mississippi law. You can list any and all affirmative defenses that apply to your situation.
Below are some of the more common defenses we see in Mississippi debt collection cases:
The above are just a few of the many affirmative defenses. Please note, however, that inability to pay the debt is not normally a legal defense to the debt.
You also have the opportunity here to assert counterclaims, which refers to any wrong-doing by the party suing you under Mississippi debt collection laws. This can get pretty complicated, so it's best to have legal assistance when doing so. Keep in mind that it will be up to you to prove your counterclaims at trial, so be thoughtful about any counterclaims you list. Attach any documents or evidence that supports your counterclaim. If you believe that you can prove your counterclaim(s) you will also need to fill out a “statement of damages” form stating how much money you believe is appropriate for your damages.
SoloSuit can handle this step for you so you don't need to leave the comfort of your own home
The final step is missed much more often than you'd think. Don't let all the work you've put in so far go to waste! Make sure to file your Answer with the Court and service the suing party.
Here's what you need to do to file your answer.
As mentioned above it's a good idea to keep a copy of your Answer and any supporting documents for your own records. If you don't have access to a printer at home or at work you can try your local branch of Mississippi's public library system or an office supply store for reasonable printing rates. You'll be able to find the addresses you need for both the court and the plaintiff's counsel in the Summons and Complaint you received in the mail.
Want to finally be free of your debt? Take steps to settle your debt for less than you currently owe. Follow these steps to resolve your debt once and for all.
Respond quickly to a summons for a debt collection lawsuit. Filing an Answer with the local court will communicate that you’re prepared to contest the lawsuit. Act quickly. If you fail to file an Answer promptly, you could end up losing your case due to a default judgment.
Start negotiating with your creditors/debt collectors by submitting an initial offer. Your first offer should be to pay 60% of your current balance. Don’t be surprised if your first offer is rejected.
Your debt collector may respond with a counteroffer that you can accept or decline. The goal is simply to negotiate until you reach a mutually acceptable settlement.
SoloSettle can take the hassle out of negotiating. This online tool serves as a “middleman” between you and the debt collector, allowing you to negotiate without having to communicate with them directly. SoloSettle will also handle payment arrangements after you reach a settlement agreement.
Use SoloSettle today to start negotiating.
Be sure to get the final settlement agreement in writing. Having the settlement agreement in writing will protect you from future legal challenges, and it will also prevent the debt collector from seeking a default judgment once negotiations are through.
Use the tips and tricks in the video below, which are from a licensed attorney, to prepare yourself to negotiate debt settlement with creditors and debt collectors.
Debt collectors have a limited window in which they can take legal action against you for unpaid debt. This is known as the statute of limitations. When this time period expires, your debt will remain, but you can no longer be sued. In Mississippi, the statute of limitations is three years for most forms of consumer debt.
So, in other words, Mississippi debt collectors do not have legal grounds to sue over a debt if three years has passed since the last action on an account. This statute of limitations applies to debt related to credit card, medical, and most loans.
Debt Type | Deadline |
---|---|
Credit card | 3 years |
Medical | 3 years |
Student loan | 3 years |
Auto loan | 3 years |
Personal loan | 3 years |
Mortgage | 3 years |
Judgment | 7 years |
Source: Miss. Code § 15-1-43 and § 15-1-49 |
If you’ve been contacted by a debt collector, make sure to validate the debt to ensure that it’s accurate and that it falls within the statute of limitations. If not, you’ll still owe the debt, but your debt collector will be unable to use the legal system to enforce the debt.
It’s important to know that the statute of limitations begins from the date of your last payment — not the date of the original loan or credit card purchase.
If a debt collector asks you to make a “good faith” payment on your debt, you could restart the clock on your statute of limitations. This gives debt collectors the entire 3-year period to slap you with a lawsuit.
It’s generally best to avoid making payments until you have a game plan for managing your debt.
Mississippi consumers are protected from aggressive debt collection practices at both the national and state levels. Here are some of the most relevant Mississippi debt collection laws.
Under the federal Fair Debt Collection Practices Act (FDCPA), debt collection agencies are prohibited from engaging in harassing or deceptive practices. Specifically, the FDCPA prohibits debt collectors from:
Violators can face severe fines. If you believe your rights have been violated, document the incident and report it to the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).
At the state level, consumers are granted protection under the Mississippi Consumer Protection Act (MCPA). This act roughly mirrors the prohibitions of the FDCPA, protecting consumers from unfair or harassing practices at the hands of debt collectors.
However, the MCPA also grants consumers the right to seek damages and attorney’s fees if their rights have been violated.
Mississippi also requires that third-party debt collectors be licensed and bonded. If you are contacted by a debt collector, they are required to provide you with their licensing information, and this same information should also appear on any official documents.
Where do you turn if you’re struggling with massive debt? Mississippi debt relief options can help you manage your debt as well as your finances. Here’s an overview of your available choices.
In some cases, you can manage debt on your own by creating a debt management plan. You’ll create a budget, setting aside money to allocate toward your debt. Some consumers tackle their debt from smallest to largest (the “snowball” method), while others start with their biggest debt and work their way down (the “avalanche” method).
Credit counseling agencies can provide advice. Mississippi maintains a list of approved credit counseling agencies that you can choose from, connecting you to reliable support and helping you avoid scams.
Most of the time, a debt management plan will require you to avoid new debt until your old debts are repaid. Make sure you can live without those credit cards for roughly three to five years or until your debt is paid off.
When you consolidate your debt, you’ll replace multiple monthly bills with a single loan. This can help you by lowering your total interest rate and saving money over the loan term or extending your loan term to shrink your monthly payments.
On the one hand, you may not be eligible for lower interest rates without strong credit. On the other hand, making timely payments on a debt consolidation loan can help you improve your credit as long as you meet your deadlines.
Some credit card issuers offer something called a “balance transfer card.” You can transfer your other credit card balances to this card and then pay one monthly bill. Many issuers offer promotional rates as low as 0% APR for the first year.
As long as you can pay your debt in this time, you can escape your debt without paying a dime of additional interest. But if you miss a payment, your card issuer can revoke the promotional rate and enforce penalty fees.
It may sound surprising, but many creditors would be willing to accept a lower payment as long as you pay them right away. Negotiating with creditors can help you eliminate debt for less than you currently owe.
Debt relief companies make big promises to eliminate debt within five years or less. You’ll do this by making payments to a dedicated account. Once this account reaches a certain threshold, your debt relief company will negotiate with your creditor.
The problem is that your credit can still be damaged during this waiting period, and there’s no guarantee that you’ll secure a low enough settlement to justify the fees charged by your debt relief agency.
Instead, SoloSettle provides you with the tool to be your own advocate. Simply use this online platform to submit an offer and negotiate with debt collectors. SoloSettle can even handle payment once an agreement has been reached.
Learn more about how to settle debt in Mississippi in the following video.
Think of bankruptcy as your “emergency chute.” You only want to take this option if you’ve exhausted all other avenues for resolving and managing debt.
Under Chapter 7 bankruptcy, your assets may be seized to repay your debts. And not all types of debt can be discharged by declaring bankruptcy. Student loans, alimony, and child support will all remain even after filing bankruptcy.
Bankruptcy can also have long-reaching consequences. A bankruptcy filing will remain on your credit report for up to 10 years, which can jeopardize your eligibility for future loans and credit applications.
As a Mississippi resident, you have access to multiple state-level programs to aid in your financial health. These include:
While these programs are not aimed at debt specifically, they nonetheless help individuals navigate their financial situation for better overall health.
Unfortunately, if you lose a debt settlement case, the courts can grant your debt collector the right to garnish a portion of your wages to repay your debt. Here’s how to understand your rights and minimize (or prevent) wage garnishment in Mississippi.
Debt collectors cannot garnish your wages without a court order. This is important in the event that a debt collector starts threatening to garnish your wages in an attempt to coerce you into making a payment.
Mississippi sets limits on the amount that a debt collector can garnish from your wages. According to Miss. Code § 85-3-4, creditors can only take the lesser of:
Disposable earnings refer to the portion of your paycheck that remains after mandatory withholdings (e.g., federal and state income taxes).
In Mississippi, you have 30 days to respond to a notice of wage garnishment, which allows you to negotiate an alternative garnishing structure. In addition, certain types of property are exempt from garnishment, including income from disability insurance or worker’s compensation benefits. Residents can also claim exemption based on financial hardship.
Remember: creditors can only garnish your wages if you lose the court case. So don’t lose the case by default judgment. Respond quickly by filing an Answer to the lawsuit, which will give you the chance to tackle your debt before it becomes a legal issue.
SoloSuit makes it easy. Just use the online platform to answer some questions to draft your Answer. Then you can print your Answer and file it with the court — or ask SoloSuit to do so on your behalf.
Draft and file an Answer to avoid a default judgment.
Have you been named in a debt collection lawsuit? Staying on top of your court case will help you understand your next steps. Follow these steps to check the status of your court case in Mississippi.
Mississippi courts are divided into five distinct levels:
Most debt collection cases are heard in the Justice Court (for cases of $3,500 or less) or County Court (for cases up to $250,000). Knowing which type of court is hearing your case will be helpful in locating your records.
Each court case is assigned a unique case number. You can find your case number on your official court correspondence. Otherwise, you can request your case number from the court clerk. Here is a Mississippi court directory that will help you find the exact location where your case is being heard.
You can access case records online using Mississippi Electronic Courts, or MEC. You’ll need to register for an account, which comes with a $10 registration fee. You also will be charged $0.20 per page for any pages that result in the search.
You can search by case number, the date of the case, the type/location of the case, or the names of the parties involved.
You can also access your case records in person by calling or visiting the courthouse in which your case is being heard. You can make a request through the court clerk, though there may be a fee to print copies of any court records.
All states have at least one government-funded organization that provides free legal services to people. In Mississippi, there are a number of legal aid organizations that help residents with legal services when they can't otherwise afford to hire an attorney.
Mississippi Center for Legal Services
414 South State Street, 3rd Floor
P.O. Box 951
Jackson, MS 39205
Toll-Free 1-800-498-1804
Mississippi Volunteer Lawyers Project
P.O. Box 1503
Jackson, MS 39215
E-mail: mvlp@mvlp.org
Phone: 601-960-9577
Mission First Legal Aid Office
275 Roseneath Street
Jackson, MS 39203
E-mail: info@missionfirst.org
Phone: 601.608.0050
Mississippi Center for Justice
5 Old River Place, Suite 203 (39202)
P.O. Box 1023 Jackson, MS 39215-1023
Phone: (601) 352-2269
Fax: (601) 352-4769
North Mississippi Rural Legal Services
Toll-Free: 1-800-498-1804
Mississippi Pro Bono Resources
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question.So, in short, here's the review on how to answer a summons for debt collection in Mississippi.
To respond to a Mississippi Summons for debt, follow these three steps:
Good Luck!
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"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather.
Get started.Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
Let's Do It.