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Mississippi Collections Questions & Answers
2 Answers | Asked in Bankruptcy and Collections for Mississippi on
Q: Should I file for bankruptcy or pay off a $6,000 car loan with wage garnishment in MS?

I am dealing with wage garnishment to repay an auto loan after my car was repossessed during COVID-19. I owe $6,000 plus attorney fees and interest, and they intend to garnish my wages at 25%. Given this financial pressure, should I file for bankruptcy or try to pay off this loan? What might be the... View More

Randall R. Saxton
Randall R. Saxton
answered on Nov 6, 2025

Before you file, just balance the filing ($338) and attorney fees ($1000-$1500) — plus the credit effects — against the fact that you eliminate the $6k debt.

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1 Answer | Asked in Collections and Civil Litigation for Mississippi on
Q: What are my response options for a debt collection lawsuit?

I received a summons for a civil action lawsuit from a debt collection agency. Before receiving the summons on 10/27/25, I had not been contacted by this agency regarding the debt. The original creditor is named, but there's no mention of a transfer of the debt to this agency. I have not made... View More

James L. Arrasmith
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answered on Oct 29, 2025

When you receive a summons for a debt collection lawsuit, the most important step is to respond before the deadline listed on the document. Typically, you’ll have between 20 and 30 days to file a written “Answer” with the court. In your response, you can either deny the allegations, admit... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Consumer Law and Collections for Mississippi on
Q: How to sue a Mississippi sheriff's department for false arrest and lost valuables?

How can I file a lawsuit against a sheriff's department in Mississippi for falsely arresting me and violating their protocol due to personal and religious differences? This resulted in me being jailed and later placed in behavioral health due to the trauma. During my arrest, my car was left... View More

James L. Arrasmith
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answered on Sep 12, 2025

Start by gathering all evidence related to your arrest and the loss of your valuables. This includes arrest records, any documentation of your detention, bank statements showing unauthorized use of your debit card, witness statements, text messages, and any records of recovered property. Make a... View More

1 Answer | Asked in Legal Malpractice and Collections for Mississippi on
Q: Victim of legal malpractice with compensation loss, conflict of interest, and loan manipulation in Mississippi

I am a victim of legal malpractice involving loss of compensation, conflict of interest, and mishandling of client funds. Additionally, I was manipulated into loaning money, which has not been returned in the agreed way. I have documentation related to these issues and have recently become aware of... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ll want to start by gathering every piece of documentation you have—retainer agreements, billing statements, correspondence about the loan, and any evidence of how your lawyer handled or misused funds.

Next, consult with a legal-malpractice attorney to review whether your losses...
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1 Answer | Asked in Landlord - Tenant, Collections, Civil Litigation and Real Estate Law for Mississippi on
Q: Seeking advice on unexpected wage garnishment after eviction-related lawsuit in MS.

Two years after receiving an eviction notice, my employer informed me of a wage garnishment, but I never received any notification of judgments or garnishments. They are trying to garnish $200 a week, which is unrealistic as a single mother of two. I was supposedly sued for three months of unpaid... View More

James L. Arrasmith
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answered on May 15, 2025

Finding out about a wage garnishment without ever receiving notice is incredibly stressful, especially when you're trying to support your family. You have the right to understand how the judgment was entered and to challenge it if proper notice wasn’t given. If you were told not to attend... View More

1 Answer | Asked in Collections, Child Support and Family Law for Mississippi on
Q: Must I send letters before garnishment in MS?

I hold a judgment from a Justice Court in Mississippi against a person and have the necessary forms to issue a garnishment to their place of employment. I understand that child support is a possible exemption to garnishment in Mississippi. Am I required to send any specific letters to the debtor or... View More

James L. Arrasmith
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answered on May 14, 2025

You don’t need to send a warning letter or demand notice before you initiate garnishment in Mississippi.

Under Mississippi law, once you have a valid judgment, you prepare and file a garnishment writ with the court clerk. You then serve that writ on the garnishee (your judgment debtor’s...
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1 Answer | Asked in Collections and Consumer Law for Mississippi on
Q: Received a debt collection notice from CashNet USA, concerned about its legitimacy.

I received a communication from CashNet USA stating that I owe $1,240.25, with a settlement offer of $797.45, and they mention an active warrant for search and seize under 15 USC 1692g Sec. 809(b) of the FDCPA. I'm aware of the debt, but I'm concerned about this message's legitimacy,... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s good that you’re being cautious—some of what you’ve described raises red flags. Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are not allowed to threaten legal action like a “search and seize warrant” or use intimidating legal language that misrepresents... View More

1 Answer | Asked in Consumer Law, Business Law and Collections for Mississippi on
Q: I'm being sued by discover bank on a credit card debt I experienced a financial hardship and was unable to pay.

When I tried to pay them there was this ridiculous amount they requested as a minimum and wouldn't allow me to pay what I could at the time.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2024

I don't see anywhere that you asked a question. You are correct - they are not going to accept as a minimum payment, anything that you can pay. A minimum payment is the minimum required for your account to remain current, or to not progress to the next step in the collection process. If you... View More

1 Answer | Asked in Consumer Law, Collections and Car Accidents for Mississippi on
Q: How do i pursue action against auto body shop that cashed insurance check and has now filed bankruptcy

My car was involved in an accident in Sept and went to a insurance agent referred shop. The shop owner gave the runaround about waiting for parts for two months. Finally the shop owner said he had 95% of parts and would work on the car. The next month the owner claimed his shop was closing. Fast... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 23, 2024

Since he has now filed for bankruptcy, you will need to pursue the matter through the bankruptcy court. I recommend that you consult a bankruptcy attorney to determine whether a proof of claim needs to be filed, to get you on the list of creditors, etc. Be aware that you will probably not receive... View More

1 Answer | Asked in Collections for Mississippi on
Q: Received a letter about sons student loans. He has passed away and they are demanding 75000.00 dollars. I don’t have it
John Michael Frick
John Michael Frick
answered on May 18, 2023

Unless you personally guaranteed the loans, just say no.

1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Mississippi on
Q: Will the irs take away my family houses and cars after my dad passes? He owed back tax everything is only in his name.

Basically he has two homes but he’s the only name on the homes and the cars we use. We finally opened his mail and he owes the irs a lot like over 50,000 in back tax.

He is in hospice and not mentally able to do anything like sign anything over or make a will.

I want to get the... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 20, 2022

In order to transfer the titles and deeds of property to another’s name after the death of the title owner, the estate will need to be probated so that the Court can issue an order allowing the transfer. The IRS can, of course, seize property to satisfy the tax debt; however, the question is... View More

1 Answer | Asked in Collections for Mississippi on
Q: I'm being sued for 700$ for failure to make payment on Bank loan. How can I stay out of court?
Arthur Calderon
Arthur Calderon
answered on Feb 6, 2022

Typically, the only way to stay out of court on an open account case is by bringing the account current or paying off the remaining amount owed on the account.

1 Answer | Asked in Consumer Law and Collections for Mississippi on
Q: If someone is in default on credit cards, what recourse do the creditors have? Unemployed individual owns home no mortg

Can the Credit Card companies sell the home even though the individual is unemployed? Can they seize bank accounts or investment acct even though the individual is unemployed etc?

David Luther Woodward
David Luther Woodward
answered on Oct 21, 2020

They can sue you and reduce their claim to judgment which can result in a judgment lien.

I am not admitted in Mississippi, but here in Florida it would not affect your owning your house free and clear because of our constitutional homestead protection; however, I cannot quote you the Miss....
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1 Answer | Asked in Collections for Mississippi on
Q: I failed to appear in court twice over a medical debt. What are the consequences besides having a judgement entered?
Arthur Calderon
Arthur Calderon
answered on May 22, 2020

Once a judgment is entered, then they request review of all of your assets to collect on the judgment. That being said, if you have been summoned to appear and fail to do so, you may also be looking at criminal penalties.

1 Answer | Asked in Criminal Law and Collections for Mississippi on
Q: Is pleading guilty a conviction in the state of Mississippi?

I was arrested for resisting the service of process. I plead guilty and paid a 500 dollars fine plus court cost.

Arthur Calderon
Arthur Calderon
answered on Sep 14, 2019

Pleading guilty is the same as taking it to trial and being found guilty. That being said, the conviction itself is what you were sentenced to (jail time, fines, etc.).

1 Answer | Asked in Contracts and Collections for Mississippi on
Q: I tried to call Aaron’s to get their furniture but they haven’t showed up for 5 months can they sue me for this??

I called them to pick it up because i could not afford the payment anymore but they have not showed up for 5 months

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 12, 2019

Yes. Why? Because--unless the "rent to buy" contract you signed allows you to cancel the contract at anytime--and also requires Aaron's to come pick it up ate your convenience you are stuck with the furniture--and stuck with the contract too. Enjoy.

1 Answer | Asked in Consumer Law and Collections for Mississippi on
Q: How much is a late fee on your water bill
Tim Akpinar
Tim Akpinar
answered on Jun 11, 2019

Whatever is charged by your municipality, as lawfully permitted by applicable public service commissions.

Tim Akpinar

1 Answer | Asked in Bankruptcy, Contracts and Collections for Mississippi on
Q: Medical bill from 2014. I have been making payments. They just added a charge from October of 2014 to my acct.

Bill was 317.40 as of 2/15. I have made 2 $50 payments since then and my bill from 3/14 shows a balance of 473.40 with a new charge of 164.99 from 10/2014.

Timothy Denison
Timothy Denison
answered on Mar 20, 2019

What is your question?

1 Answer | Asked in Collections for Mississippi on
Q: Is the statue of limitations on debt collection 3 years after receipt of last payment of from the moment of charge off?
Arthur Calderon
Arthur Calderon
answered on Oct 6, 2018

3 years from the date of the initial charge; otherwise, it is considered an open account, at which point it tends to switch to the date of the last request for payment.

2 Answers | Asked in Collections for Mississippi on
Q: Can a person be served without recieving the document by hand...?

Is the document served legally binding if it hasn't been hand delivered by an officer of the courts?

Arthur Calderon
Arthur Calderon
answered on Jun 27, 2018

Yes; however, it depends on the exact circumstances in which the warrant was served.

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