Dealing With Debt Collectors in Mississippi (2026)
Reviewed by DocDraft Legal Team · Mississippi · Last updated August 13, 2026
This page covers dealing with debt collectors in Mississippi. Mississippi has no comprehensive standalone fair-debt-collection act, so third-party collectors are governed mainly by the federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. 1692) and CFPB Regulation F, with the Mississippi Consumer Protection Act (Miss. Code 75-24) providing a general deceptive-practices backstop. What is distinctly Mississippi is the statute of limitations on debt: three years for an open account or unwritten contract under Miss. Code 15-1-29, and three years under the catch-all in Miss. Code 15-1-49, so most consumer debt is time-barred after three years. Mississippi also caps wage garnishment at 25 percent, exempts the first 30 days of a paycheck after a garnishment writ, and shields your homestead. The Mississippi Attorney General's Consumer Protection Division handles collection complaints.
What is the statute of limitations on debt in Mississippi?
Most consumer debt in Mississippi has a three-year limit. An open account or unwritten contract is three years under Miss. Code 15-1-29, and other actions fall under the three-year catch-all in Miss. Code 15-1-49. Once the period runs, the debt is time-barred and a collector should not sue you on it.
Can my wages be garnished for consumer debt in Mississippi?
Yes, after a creditor obtains a court judgment. Mississippi caps garnishment under Miss. Code 85-3-4, which lets a collector take no more than 25 percent of your disposable earnings, and it exempts the first 30 days of wages after a garnishment writ is served. Federal limits also apply.
How do I stop a debt collector from contacting me in Mississippi?
Send the collector a written cease-communication letter under 15 U.S.C. 1692c(c). Once it receives your letter, it must stop contacting you, except to confirm it is stopping or to say it may pursue a specific remedy like a lawsuit. Keep proof of mailing. This does not erase the debt.
What can a debt collector not do to me in Mississippi?
Because the FDCPA governs in Mississippi, a collector cannot harass or abuse you, use threats or obscene language (15 U.S.C. 1692d), or lie about the amount or legal status of a debt or falsely threaten arrest (15 U.S.C. 1692e). It also cannot reveal your debt to third parties.
How Mississippi regulates debt collectors
Mississippi does not have a comprehensive standalone fair-debt-collection practices act of its own, so the conduct of third-party collectors is governed primarily by the federal FDCPA (15 U.S.C. 1692) and the CFPB's Regulation F; the Mississippi Consumer Protection Act (Miss. Code 75-24) bars unfair and deceptive trade practices generally but is not a dedicated collector-conduct statute like those in some other states.: confirm the precise scope of any Mississippi debt-collector licensing requirement and administering agency. Where Mississippi law clearly limits what a collector can take is on wages and property. Even with a judgment, Miss. Code 85-3-4 caps garnishment at 25 percent of disposable earnings and exempts the first 30 days of a paycheck after a garnishment writ is served, and Miss. Code 85-3-21 gives a homestead exemption protecting a residence up to 160 acres and up to $75,000 in value, while Miss. Code 85-3-1 exempts up to $10,000 in tangible personal property such as a vehicle, household goods, and tools of the trade. Consumers who believe a collector broke the law can file with the Mississippi Attorney General's Consumer Protection Division through the online complaint portal at portal.ago.ms.gov or by calling 1-800-281-4418.
Relevant Laws
Mississippi Statute of Limitations - Open Accounts, Miss. Code 15-1-29
Sets a three-year limitations period for actions on an open account or account stated not acknowledged in writing signed by the debtor, and on any unwritten contract, express or implied. This is the period that commonly applies to credit card and other open-account debt in Mississippi.
Mississippi Statute of Limitations - Catch-All, Miss. Code 15-1-49
Provides a three-year limitations period for actions for which no other period is prescribed, the general catch-all that Mississippi applies to many contract and debt claims not otherwise specified. Combined with Section 15-1-29, most consumer debt in Mississippi is time-barred after three years.
Mississippi Wage, Homestead, and Personal Property Exemptions, Miss. Code 85-3-4, 85-3-21, and 85-3-1
Section 85-3-4 caps wage garnishment at 25 percent of disposable earnings and exempts the first 30 days of wages after a garnishment writ. Section 85-3-21 provides a homestead exemption up to 160 acres and $75,000 in value, and Section 85-3-1 exempts up to $10,000 in tangible personal property.
Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692
Because Mississippi has no comprehensive standalone fair-debt act, this federal statute is the main law governing third-party collectors here. It bars harassment (1692d), false or misleading representations (1692e), and unfair practices (1692f), and creates the validation right (1692g).
Regional Variances
Mississippi statute of limitations by debt type
Open account / credit card - 3 years
An open account or account stated not acknowledged in writing signed by the debtor is subject to a three-year limitations period under Miss. Code 15-1-29, generally computed from the last activity on the account. This covers most credit card and revolving debt in Mississippi.
Oral contract - 3 years
An unwritten contract, express or implied, carries the same three-year limitations period under Miss. Code 15-1-29. Mississippi does not use a longer period for written agreements than for oral ones the way many states do.
Written contract - 3 years
Mississippi does not give written contracts a separate longer limitations period. Actions for which no other period is prescribed, including most written-contract debt claims, fall under the three-year catch-all in Miss. Code 15-1-49.: confirm the exact classification a Mississippi court applies to a specific signed loan agreement.
Promissory note - up to 6 years (UCC)
A negotiable promissory note may be governed by Mississippi's Uniform Commercial Code rather than the general three-year statutes, and the UCC sets a six-year period for many negotiable instruments.: confirm the applicable Mississippi UCC limitations section (Article 3) and its treatment of the specific note.
Suggested Compliance Checklist
Read the validation notice and diary the 30-day deadline
Within 5 days of first contact days after startingConfirm the collector sent the Regulation F validation notice (12 CFR 1006.34) naming the creditor, amount, and your dispute rights. Note the date received and calendar the 30-day window to dispute under 15 U.S.C. 1692g.
Confirm the Mississippi statute of limitations for this debt
Before paying, settling, or promising anything days after startingMost Mississippi consumer debt is time-barred after three years: open accounts and unwritten contracts under Miss. Code 15-1-29, and other claims under the catch-all Miss. Code 15-1-49. A payment or written acknowledgment can restart the clock, so check before you act on an old debt.
Send a written debt validation letter
Within 30 days of receiving the validation notice days after startingIf you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt.
Send a cease-and-desist letter if you want contact to stop
As soon as you decide to stop contact days after startingUnder 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to state it may pursue a specific remedy. Keep proof of mailing.
File a complaint with the Mississippi AG and the CFPB
Within 1 year of any FDCPA violation days after startingSubmit a complaint to the Mississippi Attorney General's Consumer Protection Division at portal.ago.ms.gov or call 1-800-281-4418, and file at consumerfinance.gov/complaint. Because 15 U.S.C. 1692k generally requires suit within one year, consult a Mississippi consumer attorney promptly.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Read the validation notice and diary the 30-day deadline | Confirm the collector sent the Regulation F validation notice (12 CFR 1006.34) naming the creditor, amount, and your dispute rights. Note the date received and calendar the 30-day window to dispute under 15 U.S.C. 1692g. | - | Within 5 days of first contact |
| Confirm the Mississippi statute of limitations for this debt | Most Mississippi consumer debt is time-barred after three years: open accounts and unwritten contracts under Miss. Code 15-1-29, and other claims under the catch-all Miss. Code 15-1-49. A payment or written acknowledgment can restart the clock, so check before you act on an old debt. | - | Before paying, settling, or promising anything |
| Send a written debt validation letter | If you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt. | debt-validation-letter | Within 30 days of receiving the validation notice |
| Send a cease-and-desist letter if you want contact to stop | Under 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to state it may pursue a specific remedy. Keep proof of mailing. | cease-and-desist-letter | As soon as you decide to stop contact |
| File a complaint with the Mississippi AG and the CFPB | Submit a complaint to the Mississippi Attorney General's Consumer Protection Division at portal.ago.ms.gov or call 1-800-281-4418, and file at consumerfinance.gov/complaint. Because 15 U.S.C. 1692k generally requires suit within one year, consult a Mississippi consumer attorney promptly. | - | Within 1 year of any FDCPA violation |
Frequently Asked Questions
Most credit card debt in Mississippi is treated as an open account, which carries a three-year limitations period under Miss. Code 15-1-29, generally measured from the last activity or payment on the account. Unlike many states, Mississippi does not give written contracts a longer period; the catch-all in Miss. Code 15-1-49 is also three years.
Mississippi does not have a comprehensive standalone fair-debt-collection practices act, so third-party collectors are governed mainly by the federal FDCPA (15 U.S.C. 1692) and CFPB Regulation F. The Mississippi Consumer Protection Act (Miss. Code 75-24) bars unfair and deceptive trade practices generally but is not a dedicated collector-conduct statute.
After obtaining a judgment, a collector in Mississippi can generally garnish no more than 25 percent of your disposable earnings under Miss. Code 85-3-4, and the first 30 days of wages after a garnishment writ is served are exempt. Federal law under the Consumer Credit Protection Act sets a parallel cap, and low earners may have even more protected.
Mississippi's homestead exemption under Miss. Code 85-3-21 shields a residence you own and occupy, up to 160 acres and up to $75,000 in value, against seizure and sale for most debts. Equity above the exemption may not be protected, and the cap can be affected by age and other factors, so review your situation carefully.
Yes. Under the federal FDCPA (15 U.S.C. 1692k) you can sue a collector that violates the Act, generally within one year of the violation, and recover actual damages, statutory damages up to $1,000, and attorney's fees and costs. A Mississippi consumer attorney can evaluate whether you have a claim.
Other Mississippi guides
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