How do I file a claim? The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. Preparing Your Mississippi Small Claims Case. When getting ready for a trial in the Mississippi small claims court, it’s important to understand what you must prove to win. The law for each type of action describes the legal elements the plaintiff (the person bringing the case) must prove. You’ll want to present evidence in support of each element.
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In Mississippi, each county has a justice court. These courts are staffed by not less than two nor more than five part-time judges and other staff. Justice courts hear small civil, i.e., non-criminal claims, and misdemeanor criminal cases. A “small” civil claim is defined as a claim of $3,500.00 or less excluding court filing fees which usually run between $64.00 and $74.00.
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A justice court cannot hear a civil case where more than $3,500.00 is being demanded. Debt collectors frequently use justice court to collect their small claims because cases proceed much faster in justice court than other courts and there are other advantages as well. If you are sued in justice court for a debt, don’t panic and don’t ignore it. Following are ten tips to help you deal with the experience.
How to Deal with a Lawsuit for Debt
![]() What If I Have a Judgment Against Me?
If the worse happens and you do have a judgment entered against you, you have 30 days to appeal. Depending on the specifics of your case, it may be a waste of time and money to appeal. A proper decision about a possible appeal is best made with the advice of a competent attorney. Our firm has caring and experienced attorneys who have helped people solve their financial problems for many years. If you are experiencing money problems, we can help.
We meet with clients in the Jackson, Hattiesburg, Vicksburg and Gulf Coast areas in Mississippi. Your first visit with our firm is free of charge. At this visit, we will discuss your situation and identify your options. Often, a consolidation of all of your debts under Chapter 13 is the best option. You can consolidate mortgage payments, car payments, finance company loans, past due taxes, student loans, payday and check cashing loans, credit cards, medical bills and all your other debts into one affordable monthly payment. You are protected from your creditors while you are making these payments. At the end of a three or five year period, you are finished and any amounts you weren’t able to pay are discharged and you will never have to pay these amounts.
In some cases, filing a Chapter 7 straight bankruptcy case may be the best option. This would allow you to eliminate certain types of debt entirely if you qualify. The important thing to remember is that you have choices. We’re here to help you make the right choice for you.
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March 2023
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