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Mississippi Collections Questions & Answers
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 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 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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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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1 Answer | Asked in Collections, Contracts, Landlord - Tenant and Real Estate Law for Mississippi on
Q: hired a realty company to manage property and they didn’t pay utilities, do a walk through or collect security deposit.

Shouldn’t they be responsible for upholding their end of the contract? I’m out of pocket paying for repairs and now I find out the electric bill wasn’t paid the last two months of the tenets occupation of the property. They don’t want to take any responsibility or pay the bills that are... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 4, 2018

Assuming that you have a valid contract, because the company has failed to adhere to the terms of that particular contract, you may be able to terminate the contract, especially if they continue to be unwilling to follow it. If the company received funds that were supposed to be allocated to paying... View More

1 Answer | Asked in Child Support and Collections for Mississippi on
Q: can my mom sign off and waive back child support that my dad owes my mom now that i am 21 years old

the state is trying to give him a felony charge and he is already in prison for 11 years and i want my daddy back

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 6, 2018

Likely not. Once a child turns 21, they (not the parent) have 7 years to pursue back child support.

1 Answer | Asked in Banking and Collections for Mississippi on
Q: received judgment against employer for failure to answer and execute garnishment, what now?
Baskin Lowber Jones
Baskin Lowber Jones
answered on Feb 1, 2018

Contact an attorney about your judgment or defaulted garnishment.

1 Answer | Asked in Personal Injury and Collections for Mississippi on
Q: On 9/4/2009 I was involved in fender bender. Can you help me?

The other party claimed no bodily injuries. The responding officer gave me no ticket of any kind. At the time I had no license. It was expired. The last license issued to me was on 6/4/2010. Now I am finding out 7 years and 9 days later that my license is suspended because a judgement was found... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 4, 2016

1lesson--if you have a license, renew it while it's valid. Way easier, avoids the driving on expired charge;

2) Go to the DMV. Get a prinout of their history of your license. If there is a judgment notice they got, see if they can pull that and give you a copy (reason is it may just be...
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1 Answer | Asked in Collections for Mississippi on
Q: I and family members have been harassed by Pinnacle Asset Group about a 14 year old debt.

They scared me into authorizing a direct withdrawal of $2400 from my checking account on Sept. 1, 2015 to avoid a civil lawsuit. What options do I have? I have since researched them and several complaints have been made against them.

David B. Levin
David B. Levin
answered on Aug 26, 2015

Talk to a consumer protection lawyer in your area. Depending on a number of variables such as how they "scared you," whether or not the collection agency misrepresented the legal status of the debt and the actions they could take, etc., you may have a claim under the Fair Debt Collection... View More

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