Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Mississippi
How long a creditor or debt collector has to sue you over a debt in Mississippi, by debt type — and, just as important, when that clock can restart.
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The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
Three years. Mississippi treats credit-card balances as an open account or account stated, which falls under the 3-year catch-all in §15-1-49 (and §15-1-29 for open accounts not acknowledged in writing). There is no longer "written contract" period to worry about here, because Mississippi puts written contracts on the same 3-year clock.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Mississippi is stricter than most states in one way that helps borrowers: under §15-1-3(1), once the limitation period runs out it extinguishes the right itself, not just the remedy, so a barred debt is truly dead and a later payment cannot bring it back. Before the period runs, §15-1-3(2) says a partial payment, acknowledgment, or promise starts a fresh 3-year period. And under §15-1-73, an acknowledgment or new promise only counts as a new contract if it is in a writing signed by the person who owes the debt. Warning: a statute of limitations does not erase what you owe, and while the period is still open, a single voluntary payment or a signed note can restart the entire clock.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Mississippi classifies each debt type.
| Debt type | Limit in Mississippi | How it's classified |
|---|---|---|
| Credit card | 3 years | Open account / catch-all (§15-1-49) |
| Written contract | 3 years (§15-1-49) | Mississippi has no separate longer period for written contracts. Most contract claims fall under the 3-year catch-all in §15-1-49. |
| Oral contract | 3 years (§15-1-29) | Unwritten contracts run 3 years under §15-1-29. One narrow exception: an unwritten contract of employment is only 1 year. |
| Open account | 3 years (§15-1-29) | — |
| Promissory note | 6 years (§75-3-118 / §15-1-81) | Promissory notes are the exception to the 3-year rule. A note payable at a definite time runs 6 years under UCC §75-3-118(a); non-negotiable notes also run 6 years under §15-1-81. |
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Mississippi debtors get wrong
Mississippi keeps its debt deadlines unusually simple: written contracts, oral contracts, and open accounts all run 3 years under the catch-all in Miss. Code §15-1-49 (with open and unwritten accounts also covered by §15-1-29). The main exception is a promissory note, which runs 6 years under UCC §75-3-118. Credit cards are treated as an open account, so they sit on the same 3-year clock. What sets Mississippi apart is §15-1-3(1): when the limitation period is complete, it "shall defeat and extinguish the right as well as the remedy," meaning a time-barred debt is legally dead, not merely unenforceable. To restart the clock before it runs, §15-1-73 requires that any acknowledgment or new promise be in a writing signed by the debtor.
Common questions
What is the statute of limitations on credit-card debt in Mississippi?
Three years. Mississippi treats a credit-card balance as an open account, which falls under the 3-year catch-all period in §15-1-49 (and §15-1-29). The clock generally runs from your last payment or the date of default.
Is the deadline different for a written contract in Mississippi?
No. Unlike states that give written contracts a longer period, Mississippi puts written contracts, oral contracts, and open accounts all on the same 3-year clock under §15-1-49. The main exception is a promissory note, which runs 6 years under §75-3-118.
Can a payment restart the debt clock in Mississippi?
Yes, but only while the period is still open. Under §15-1-3(2), a partial payment, acknowledgment, or promise made before the 3 years run out starts a fresh period. Under §15-1-73, an acknowledgment or new promise must be in a writing signed by you to count as a new contract.
What happens after the Mississippi statute of limitations runs out?
Mississippi is unusually protective here. Under §15-1-3(1), completing the limitation period extinguishes the right itself, not just the remedy, so a time-barred debt is legally dead and a later payment cannot revive it. Even so, the statute of limitations is a defense you must raise, so if you are sued you generally have to plead it in your answer or you can lose it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.