in ms what is the process by an attorney for suing for a debt in court

How do I answer a lawsuit for debt collection in Mississippi?

How long does a creditor have to collect a debt in Mississippi?

How do you negotiate a debt settlement at a law firm?

Can a collection agency garnish your wages in Mississippi?

How long do they have to indict you in MS?

What percentage should I offer to settle debt?

What percentage of a debt is typically accepted in a settlement?

Is it worth it to settle debt?

How to Deal with a Lawsuit for Debt

You need not hire an attorney to represent you. However, as with all legal matters, the best practice is to seek the assistance of a competent attorney when confronted with any legal matter. You will not receive any favorable treatment because you are representing yourself.

What If I Have a Judgment Against Me?

If the worse happens and you do have a judgment entered against you, you have 30 days to appeal. Depending on the specifics of your case, it may be a waste of time and money to appeal. A proper decision about a possible appeal is best made with the advice of a competent attorney.

Debt Collection in Mississippi

Creditors and consumers in Mississippi are protected under the federal statues concerning debt collection and relief from harassment and abuse. Those who believe their rights have been violated in these areas may contact the state Attorney General's office.

Laws for Debt Harassment in Mississippi

Harassment for the purpose of debt collection in the state of Mississippi is expressly forbidden by federal law.

Help from a Mississippi Debt Collection Attorney

It can be difficult to know whom to trust when finances are strained and creditors are calling. Debt settlement attorneys know the local laws as well as the common creditors in the area. They can also help determine the quality of any debt consolidation or negotiating firms their clients may be considering.

What happens if a defendant files for bankruptcy?

If the defendant files for bankruptcy at any time before the court enters a money judgment, it’s likely that the debt will be wiped out. The small claims action will become moot.

How long does it take to appeal a small claims judgment?

The losing side can appeal the small claims judgment to the county circuit court within ten days after the rendition of the judgment. The appeal requires a bond equal to twice the judgment amount, plus costs, but no less than $100. (Miss. Code Ann. § 11-51-85.)

How much can you recover from a small claims court?

You can bring your action against another person or company as long as the recovery amount requested is $3,500 or less (as of March 2019). If you’re owed more but would like to take advantage of the small claims court's streamlined procedure, you can limit your recovery to $3,500.

What happens if a plaintiff fails to appear in court?

If the plaintiff fails to appear at trial, the judge will dismiss the case. If the defendant doesn’t appear, the plaintiff will be granted a default judgment for the amount of the claim, plus filing and service costs. A default judgment isn’t as automatic as it might sound.

What happens if a case doesn't settle?

If your case doesn’t settle, the trial will start with the plaintiff giving a brief opening statement explaining the plaintiff’s position and the evidence the plaintiff will present. The defendant can follow with an opening statement, or reserve it until after the plaintiff’s case.

What is proof of service?

The proof of service lets the court know whether the defendant received a copy of the lawsuit with the proper amount of advanced notice. If you sue a business, you won’t serve the papers at the actual business. The court paperwork must be served on the agent of process the company appoints for service purposes.

How long can you sue a small claim court in Mississippi?

The courts can award a maximum of $3,500, and the statute of limitations for most claims is three years. Thus, you must file the lawsuit within three years of when the incident, be it property damage, injury or contract breach, occurred.

What to do if you have not paid a judgment?

If the defendant has not paid, then contact the local circuit court so that the judgment can be entered into court records. Afterward, seek a writ of execution so that you can garnish the defendant's wages or collect against personal property, such as real estate, cars and boats.

What is a debt collection lawsuit?

A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

How long does it take to file a lawsuit?

Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.

What is a summons in court?

The summons informs you that you’re being sued, and gives you information about the case, like the deadline to file a formal response, called an “answer,” in court.

What is discovery in a lawsuit?

“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.

What happens when a collector files a small claims lawsuit?

If the collector files its lawsuit in small claims court, you'll probably first get notification about the suit. Then, the parties go to court for a trial in front of a magistrate or other judicial officer. Typically, a written answer is optional and rules of evidence are inapplicable.

What happens if a collector files a summary judgment?

If the judge grants the motion, the court will enter a judgment against you without a trial.

Do debt collectors go to trial?

Most debt collection cases don’t get to trial; they settle, or the collector gets a default or summary judgment. Most collectors win their cases by default, without ever having to go to court. If you do go to trial, you—or your attorney, if you hire one—will have to present your case according to specific rules of procedure and evidence. At the end of the trial, the judge (or jury, if applicable) will make a decision. The judge or jury’s decision is then entered in the court records as a judgment, and it becomes official. (To learn about how the collector can use a judgment against you, read Types of Debt and Debt Collection Practices .)

What to do if you are sued for nonpayment of a debt?

If you need help responding to a lawsuit for nonpayment of a debt, consider hiring a lawyer. But keep this in mind: If it costs more to hire a lawyer than what the creditor seeks in the lawsuit, it makes little sense to seek attorney assistance. Talk to a Lawyer.

Do you have to settle a case?

To assist you in settling, you'll be scheduled to meet with a judge or attorney who has some familiarity with the area of law your case involves. You don't have to settle, but the judge or attorney will usually give you an honest indication of your chance of winning in a trial.

What is discovery in debt collection?

Discovery refers to the formal procedures used by parties to obtain information and documents from each other and from witnesses. The information is meant to help the party prepare for trial or settle the case. In routine debt collection cases where you don't have any defense, don't expect the plaintiff to engage in discovery. Discovery can be expensive, and, quite frankly, there is often nothing for the plaintiff to "discover." You owe the money. You haven't paid. (Read about different options for dealing with your debt .)

Do you have to attend a settlement conference before trial?

In some courts, however, you will be sent a notice of a settlement conference before the trial date. Be sure to attend the settlement conference or trial. If you move, make sure you notify the plaintiff and court of your address change. Non-routine cases.

What is a deposition in court?

Deposition. A proceeding in which a witness or party is asked to answer questions orally under oath. A court reporter is present and takes down the entire proceeding. If you schedule a deposition of someone, you will probably have to pay for the court reporter, which can be very expensive.

What is a request for inspection?

Request for inspection. A request by one party to look at tangible items (other than writings) in the possession of the other party. For instance, if you raise as an affirmative defense that the painter who sued you spilled paint on your rug and it cannot be removed, the painter may request to inspect the rug.

What is an affirmative defense?

A request by one party to look at tangible items (other than writings) in the possession of the other party. For instance, if you raise as an affirmative defense that the painter who sued you spilled paint on your rug and it cannot be removed, the painter may request to inspect the rug.