In Mississippi, judgment records are court documents that detail a court's final decision on the rights and liabilities of parties to a legal action or proceeding. These records are maintained within the Mississippi Court System.
The Mississippi judiciary actively supports an open court system, following its Statement of Policy Regarding Openness and Availability of Public Records and the Mississippi Public Records Act. Therefore, the state courts provide members of the public with access to records within their control, including Mississippi court records. The clerks of the court (who are also the custodians of court records) are required to make court records available upon request. However, they may also decline some record requests if the information sought is exempt from disclosure under the law.
What is a Judgment?
As defined in Rule 54 of the Mississippi Rules of Civil Procedure, a judgment is a decree from which an appeal may be filed. It is a court order that typically directs the transfer of money from one person to another.
In general, once a judgment is made against an entity, the judgment creditor (the party who benefited from the decision) can collect the debt from the judgment debtor (the party who lost the case) named in the court order using enforcement procedures such as wage and bank account garnishments or liens.
Mississippi Judgment Laws
Mississippi's Rules of Civil Procedure, specifically Rule 54, outline the procedures that govern the entry and enforcement of judgments in the state.
What is Judgment Lien?
A judgment lien is a legal mechanism that reinforces a judgment creditor's right to collect a civil judgment. Though usually linked to the debtor's real estate, such as a house, condo, or land, judgment liens can also be attached to a debtor's personal property in Mississippi.
Judgment liens are automatically attached to a judgment's debtor property in Mississippi, provided the property is situated in the county where the judgment is entered. If the property is located in a different county, the creditor must file a certified judgment copy with the circuit court clerk to create the lien. This lien can remain on the debtor's property for seven years.
What is a Mississippi Summary Judgment?
A summary judgment is a legal device used to settle a civil case without a trial. Summary judgments in Mississippi are awarded under Rule 56 of the Rules of Civil Procedure. Typically, the court will issue a summary judgment if there is "no genuine controversy as to any material fact of the case." A summary judgment can be rendered for an entire case or on specific issues of that case.
According to the Supreme Court, factual issues sufficient to justify denying a summary judgment exist when one side states one account of the matter in dispute and the other side affirms the opposite. As such, to avoid a summary judgment, the opposition must provide evidence demonstrating that there are essential facts in dispute. The case will go to trial if the court agrees with the opposition.
What is A Summary Judgment Motion In Mississippi?
A motion for summary judgment is a written request to the court to evaluate the facts of a case and render a judgment without holding a trial. After thirty days have passed since the case began, a party seeking summary judgment may submit this motion with or without supporting affidavits. The clerk will set a hearing date, and the motion will be served on the opposing party at least ten days before that date.
The non-movant may also file and serve opposing affidavits before the hearing date. Suppose the pleadings, affidavits, responses, and admissions on file establish that there is no real dispute as to any substantial fact and that the moving party is entitled to judgment as a matter of law. In that case, the summary judgment motion will be granted, and the judgment entered. Additionally, the motion may be granted if there is a dispute, but the non-moving party cannot offer sufficient evidence to support their claim.
Mississippi Judgment Record Search
Mississippi court documents are available online. Hence, the public can search for judgment records remotely using the Mississippi Electronic Courts (MEC) database. Users must pay a $10 annual fee to gain access to this system and its contents. Also, a $0.20 fee per page is charged to inspect documents.
How Do I Look Up a Judgment In Mississippi?
The Mississippi trial courts create and maintain judgment records. As a result, anyone interested in looking up a judgment should consult the state court that heard the case.
Inquirers can find judgments in person at the courthouse. Depending on the population of the county where the case is heard or the amount in dispute, the court that heard the case can be the circuit court, justice court, or county court. The court clerk will provide further instructions on viewing the judgment records.
What Happens if You Have a Judgment Against You in Mississippi?
After obtaining notice of the entry of judgment, a judgment debtor has 30 days to pay the obligation voluntarily. The judgment debtor has the option of approaching the creditor in advance to work out mutually advantageous terms.
However, if the debtor does not pay up, the judgment creditor can initiate legal judgment collection processes, and the debtor's property can be taken away. Still, the judgment debtor can petition the court to exempt their property from the collection if the property falls under the state's exemption laws.
How Do I Find Out If I Have Any Judgments Against Me In Mississippi?
When a judgment is entered against an entity in Mississippi, the court typically notifies them by mail. If no notice is received, the inquiring party can use the Mississippi Electronic Courts database to look for judgment information or contact the court clerk's office directly.
How Long Does A Judgment Stay On Your Record?
In Mississippi, a judgment does not create a record as a criminal conviction does. As such, it cannot be erased from public records. Typically, judgments are documented in a court's official records and can be kept on file indefinitely.
However, if the judgment is recorded against a debtor's property, it will remain attached for seven years or longer if it is renewed. Judgments are also reported to credit bureaus. Hence, that information might appear on the judgment debtor's credit report for at least seven years or until the judgment is cleared.
How To Enforce A Judgment In Mississippi
Creditors in Mississippi have several options for recovering an unpaid judgment, including:
- Garnishment of wages
- Levying bank accounts
- Attaching a lien to real estate or personal property
Whatever tool the judgment creditor employs is mainly determined by the circumstances of the case and the authority given by the law.
Wage Garnishment
Wage garnishment is the most common enforcement procedure used by creditors to collect judgments. Mississippi law prohibits creditors from garnishing earnings for the first 30 days after a judgment is entered. Following the expiration of the time limit, the judgment creditor may contact the judgment debtor's employer and request that a portion of the individual's salary be paid to them to clear the debt.
The amount of money that creditors can take from a debtor's wages to satisfy a judgment is limited by state law. Most creditors can claim up to 25% of wages under federal and state laws. However, a judgment debtor may claim garnishment exemptions under state laws (Title 11, Chapter 35 and Title 85, Chapter 3 of the Mississippi Code).
Levying Bank Accounts
Bank account levy is also referred to as "bank garnishment" in Mississippi. Bank garnishments usually seize all funds in a judgment debtor's account, as long as the funds belong to the debtor and are not received through social security or other federal benefits.
Like wage garnishments, certain funds held in a bank may be exempt from bank garnishment. These exemptions are listed in Title 85, Chapter 3 of the Mississippi Code.
Judgment Lien
A judgment lien can be affixed to the debtor's real estate to secure payment. Judgment creditors may also put a lien on the debtor's personal property, such as jewelry, household goods, art, antiques, etc.
How To Collect A Judgment In Mississippi
In Mississippi, collecting a judgment means enforcing it. In addition to the garnishment and attachment methods indicated above, judgment debtor examinations can also be employed to collect a judgment in the state. A debtor's examination procedure entails summoning a debtor to attend court and answer questions about their assets under oath. This procedure is governed by Title 13, Chapter 1 of the Mississippi Code.
Per the law, the judgment creditor may inspect the judgment debtor's books and documents to gain insight into their owned property to pay damages above $100. However, a judgment creditor may not subject a judgment debtor to examination more than once in six months.
What Happens if a Defendant Does Not Pay a Judgment in Mississippi
Defendants who intentionally fail to pay a judgment in Mississippi may have their money and property seized by judgment creditors. Other than this, the individual will be liable to pay the accumulated interest. Further implications include challenges in obtaining loans or financing due to the availability of unpaid judgment records to lenders and other interested members of the public.
What Personal Property Can Be Seized in a Judgment in Mississippi?
After a money judgment is entered against an entity, their personal property may be seized if they do not pay up within the first 30 days of the judgment's entry. This property is usually auctioned and sold to clear the debt. However, state exemption laws allow debtors to keep certain property away from creditors.
Note that the debtor must claim a property exemption within 30 days of being notified of the creditor's intent to collect the judgment. That way, the debtor may be able to avoid the execution or attachment of the following personal properties:
- Up to $20,000 in value in a single mobile home, trailer, or similar type housing structure owned and occupied as a principal residence by the debtor
- Disability insurance benefits
- Insurance proceeds on or from the sale of exempt property
- Personal injury judgment awards of up to $10,000
- Workers and unemployment compensation benefits
- Tangible personal property worth not more than $10,000:
- Clothing
- Furniture
- Appliances
- Books
- Animals and crops
- Automobile
- Implements and tools of trade
- Cash
- Medications that a physician has prescribed
If a judgment debtor intends to exclude these properties from the collection, they must file a Declaration of Exemptions with the court that issued the judgment. The debtor must itemize all properties they wish to keep out of the collection process in the document.
Mississippi Judgment Interest Rate
The interest rate on a Mississippi judgment varies by the credit or loan and the agreement between the parties. Generally, the interest that will accrue on any judgment is determined by the terms of a contract, if one exists. However, judges in Mississippi also have the discretion to decide judgment interest rates under Title 75, Chapter 17 of the Mississippi Code. As a result, judgments that do not have a fixed contract rate will accrue interest at the rate set by the court that handles the case.
What is a Default Judgment?
In Mississippi, default judgments are issued when a defendant fails to file an answer to a complaint within thirty days of service or otherwise plead. The courts typically enter default judgments without considering the defendant's side. Hence, a plaintiff can be awarded the total amount requested as damages or any other form of relief they seek.
How to File a Motion To Set Aside Default Judgment in Mississippi
Any party in a civil case against whom a default judgment was entered may file a motion to set aside the judgment if they believe and can establish that the judgment was wrongfully entered. This motion asks the court to void the judgment and remove the legal obligation imposed by the judgment.
If a judge grants the motion, the case will be reopened, and the defendant can appear in court to assert any defenses they have to the plaintiff's claim. However, if the motion is denied, the default judgment remains in effect, and the defaulting party must pay whatever is owed.
The Mississippi laws describe the circumstances under which a judge may rescind a default judgment. These include:
- Accident, error, or excusable neglect
- Fraud or other misconduct
- New evidence that would not have been discovered in time for a new trial if due diligence had been followed
- The judgment is void
- The judgment has been discharged or settled
- The defendant was never served with the summons and complaint
Additionally, the court will consider:
- The legitimacy of the defendant's reason for the default
- If the defendant has a credible defense to the claim, and
- The prejudice that the plaintiff may suffer if the default judgment is overturned
The motion must be filed promptly. It must be submitted within six months of the judgment's issuance if the reason for requesting relief is due to fraud, mistake, or newly discovered evidence.
File Motion To Vacate Judgment in Mississippi
A motion to vacate judgment in Mississippi is a request for the court to overturn a previous judgment. Generally, the motion will be granted if the moving party can persuade the court that they did not have a fair chance to argue their case. The motion to vacate a judgment must be filed within ten days after the judgment's entry and must clearly state the relief sought.
Under Rule 7 of the Mississippi Rules of Civil Procedure, the motion must be made in writing. Some courts may provide forms for guidance. The moving party may also consult the clerk's office for more detailed instructions.
How To Remove An Abstract Of Judgment In Mississippi
Per Section 11-7-195 of the Mississippi Code, an abstract of judgment is a document that makes a judgment a lien on a judgment debtor's property, typically by filing the document with the circuit court clerk of the county where the property is situated.
The best way to remove an abstract of judgment in the state is to satisfy the judgment. This usually entails paying the judgment in full, fulfilling the imposed obligation (when the judgment is non-monetary), or reaching an agreement with the creditor. Once a judgment is paid, the creditor will inform the court, and the lien will be lifted.
However, if the judgment was entered by default or erroneously, the judgment debtor can attempt to reverse it if they can demonstrate good cause to the court. An example of a good cause is if the party was not adequately notified of the summons and complaint.
When all other measures fail, bankruptcy may be used to discharge the judgment and release the lien. However, because of the long-term implications on a person's finances, anyone considering filing for bankruptcy should seek legal advice before proceeding.
How Long Is a Judgment Good For In Mississippi
In Mississippi, a judgment has a seven-year lifespan. As a result, execution must begin within seven years of the judgment's delivery.
However, it should be noted that a Mississippi judgment can be renewed, provided the judgment creditor moves for renewal when the current judgment is still active. Any creditor who wants to renew a judgment can file a _Notice of Renewal of Judgment_with the court. Subsequently, the revived judgment will be treated in the same manner as the previous one.
Mississippi Judgment Statute of Limitations Law
Under Title 15, Chapter 1 of the Mississippi Code, domestic and foreign judgments in Mississippi have statutes of limitations of seven and three years, respectively. This time begins to count from the date the judgment is rendered. As a result, unless a judgment is renewed, any effort to collect or enforce it must be initiated within the statutory time limits. Otherwise, the creditor will lose the right to collect the judgment.
