Legal Question in Credit and Debt Law in Mississippi

I cannot answer your question but can tell you where to look maybe.

Part I.

The summary of different state's statutes of limitations on my wall says 6 years for written contracts in Miss. except for Uniform Commercial Code Sales (UCC - Sales).

I went to the Yahoo web site, asked for Mississippi Statutes, and picked a couple off the first page to go to. You can jump there by clicking on http://av.yahoo.com/bin/query?p=mississippi+statutes&hc=0&hs=0probably. The ones that seemed like they'd lead me somewhere were http://www.mslaw.com/toc.html and from the titles of the different "titles" (chapters) of Miss. law, it looks like your answer would be in 85 or 87. But that web site wants to have you sign up before you can read it there, so I went no further, assuming that it would cost money to sign up. I'll give you advice on how to look, below.

Another site I thought at first would be promising was http://www.mslegalforms.com/CourtRules/lbr/7.html, also 11, also 3, also s7-x are all on the your bankruptcy laws. From there you might find links or references to other debtor/creditor laws.

There are some more general debtor / creditor links, including to books on the subject, available back at Yahoo, though perhaps not specific to Mississippi: http://av.yahoo.com/bin/query?p=mississippi+debtor&hc=0&hs=0

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

I cannot answer your question but can tell you where to look maybe.

Part II.

http://www.mslegalforms.com/CourtRules/mrcp/69.html gives some more related info, too.

Now, to best answer your question, here's a good shortcut: go to a local library (and if they don't have it, then to a law library) and ask for their Martindale-Hubble book(s). They are mainly lists of lawyers throughout the country but you will also find a real gem in there: there is a summary of each state's laws which is very readable and puts everything in a tiny nutshell. You can often get an answer very quickly there.

Next to last suggestion: go to a law library and ask for titles 85 and 87 (or others) of Miss. Statutes and just read them! Key: look not only for the words "statutes of limitation" (which might not be there) but also for the phrase "an action [ or a law suit ] ... must be brought [ or filed ] within ___ years of the cause of action" -- read carefully any reference to numbers of years. HOWEVER, even if you find it, be careful about shooting your mouth off to the creditor without a lawyer's advice because sometimes the statutes are "tolled" (and look for that word, also!) -- put on hold or extended -- for other reasons laid out in other laws or even just in case law, the primary one being something called "the discovery rule" where if your whereabouts were unknown for awhile and then you resurfaced, that time might not count.

There may be some federal law governing. There are Unfair Credit Practices Act laws at the federal level and states suck in and use that law.

Lastly, just call up a lawyer. Many will give you a few answers on the phone for no charge and if they impress you with their knowledge and smarts, they figure you'll hire them if you need them. Even if you had to pay a consultation fee, you could probably get in half an hour from a knowledgeable attorney all that you need to know and it might be worth the fee.

Statute of limitations on debts

Debts are created by contract. A contractmay be oral or written. Look at Lawguru.comunder the law of your state and search for "limitation of action AND contract." I practice in Ohiowhere the statute of limitations on an oralcontract (word of mouth) is six (6) years andthe statute on a written contract is fifteen(15) years. Credit card debts come under theclassification of written contracts.

=============================================

If applicable to this message: "This transmis-

sion does not create an attorney-client rela-

tionship. I will not be representing anyone

without a written agreement signed by all par-

ties and then, only in Ohio. Answers to ques-

tions are for general information only and

are not to be construed as legal advice in any

particular jurisdiction. If you need legal advice

for a specific legal problem, seek the services

of a knowledgable attorney in your area or locale."

===============================================

Where people fear the government,

you have tyranny.

Where the government fears the people,

you have liberty.

Thomas Jefferson

===============================================