Sued in Mississippi? Find your deadline today
Circuit, county and chancery court: 30 days after you are served.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Mississippi
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Mississippi guides by topic
How to answer in Mississippi
Your deadline by court, the official form, fees and defenses.
Default judgment in Mississippi
What a default means and how to set it aside, with a calculator.
After a judgment in Mississippi
Wage garnishment, bank levies and how to claim an exemption.
Which court hears debt cases in Mississippi
Justice Court
Small claims civil cases of $3,500 or less.
Law: Mississippi Judiciary, Justice Court page
County Court (in counties that have one)
In counties that have a county court, it hears civil cases up to $200,000 (not counting costs and interest), shared with circuit court, and anything Justice Court can hear.
Law: Miss. Code § 9-9-21(1) (as amended by 2013 H.B. 142)
Circuit Court
Hears larger civil cases, including debt suits above the Justice Court limit, and cases above $200,000 in counties with a county court.
Law: Miss. R. Civ. P. 1
How to answer in Mississippi
- How to answer
Circuit and county court: serve a written answer on the plaintiff and file it with the circuit or county clerk. Justice Court: appear on the date in your summons; any paper you file must be signed and show your name, address and phone number.
- If you can't pay the fees
Pauper's Affidavit and Motion to Proceed In Forma Pauperis: https://courts.ms.gov/Legal/Pauper's%20Affidavit.pdf and https://courts.ms.gov/Legal/Motion%20to%20Proceed%20IFP.pdf
Law: Miss. Code §§ 11-53-17, 11-53-19; M.R.C.P. 3(c)
- How you must be served
Justice Court: the constable hands you the summons and complaint. If you cannot be found with reasonable effort, the constable may leave it with your spouse or a family member over 16 at your home and mail a copy, or post it on your door and mail a copy; service is then complete 10 days after the mailing. If the constable does not return the papers, the clerk can send them to the sheriff, or the plaintiff can use a process server 18 or older. Other courts follow Miss. R. Civ. P. 4.
Law: Rules of Justice Court 14(c)-(g); Miss. R. Civ. P. 4
Law: Miss. R. Civ. P. 12(a); Rules of Justice Court 14(b), 15
Defenses to know in Mississippi
- Defenses in Mississippi law
Defenses go in your answer under Miss. R. Civ. P. 8. In Justice Court, a default judgment requires a factual basis for the claim and cannot exceed the amount asked for in the complaint.
Law: Rules of Justice Court 23(a)
If you missed the deadline in Mississippi
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
Justice Court: if you were properly notified of the trial date and do not come, the judge can enter a default judgment if there is a factual basis for the claim. Circuit and county court: if you do not answer in time, the clerk enters your default and the plaintiff asks the court for a default judgment.
- How to set it aside (cancel it)
Justice Court: unless an appeal has been perfected, ask the judge to set aside the default judgment; after a hearing the judge can do so for good cause, weighing your reasons, whether your defense has merit, and harm to the plaintiff. Circuit and county court: the court can set aside an entry of default for good cause, and a default judgment under Rule 60(b): within 6 months for fraud, accident or mistake, or new evidence (counted from the date the judgment was entered); within a reasonable time if the judgment is void.
Law: Rules of Justice Court 23(a), 23(e); Miss. R. Civ. P. 55(c), 60(b)
Count your deadline to set aside a default
If there is a judgment in Mississippi
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
A judgment on a sale or contract carries the same interest rate as the contract. Other judgments carry a yearly rate the judge sets, starting on a date the judge finds fair, but not before the complaint was filed.
- How long it lasts
A judgment lasts 7 years from when it was entered or last renewed. Before it expires, the creditor can renew it by filing a Notice of Renewal with the clerk of the court that entered it (the clerk mails you notice), by a motion in that court, or by a new lawsuit on the judgment.
Law: Miss. Code §§ 75-17-7, 15-1-43; Bhana v. Patel, No. 2022-IA-01264-SCT (Miss.)
Garnishment, bank levy and exemptions in Mississippi
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
At least the federal limit applies, up to 25% of your disposable earnings, or the amount above 30 times the federal minimum wage ($217.50 a week), whichever is less.
Law: 15 U.S.C. § 1673
- Bank levy (freezing and taking money in your bank account)
In Justice Court, no collection action can start until 10 days after the judgment is entered. Federal benefits such as Social Security are protected from bank garnishment.
Law: Rules of Justice Court 24, 25
Free help in Mississippi
- Mississippi Access to Justice Commission (free legal service providers) · 601-974-0470
- Mississippi Legal Services (legal aid, LawHelp network)
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Good to know in Mississippi
- Justice Court hears small claims up to $3,500 (Mississippi Judiciary).
- Mississippi's Rule 60(b) does not list excusable neglect; the 6-month grounds are fraud, accident or mistake, and new evidence (Miss. R. Civ. P. 60(b)).
- In Justice Court, collection cannot begin until 10 days after judgment (Rules of Justice Court 24).
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Mississippi
How long do I have to answer a debt lawsuit in Mississippi?
Circuit, county and chancery court: 30 days after you are served. Justice Court: your summons gives the date and time by which you must appear and defend; go to court on that date.
How do I answer a debt lawsuit in Mississippi?
Circuit and county court: serve a written answer on the plaintiff and file it with the circuit or county clerk. Justice Court: appear on the date in your summons; any paper you file must be signed and show your name, address and phone number.
What if I can't afford the court fees in Mississippi?
Pauper's Affidavit and Motion to Proceed In Forma Pauperis: https://courts.ms.gov/Legal/Pauper's%20Affidavit.pdf and https://courts.ms.gov/Legal/Motion%20to%20Proceed%20IFP.pdf
What happens if I don't answer in Mississippi?
Justice Court: if you were properly notified of the trial date and do not come, the judge can enter a default judgment if there is a factual basis for the claim. Circuit and county court: if you do not answer in time, the clerk enters your default and the plaintiff asks the court for a default judgment.
Can I cancel a default judgment in Mississippi?
Justice Court: unless an appeal has been perfected, ask the judge to set aside the default judgment; after a hearing the judge can do so for good cause, weighing your reasons, whether your defense has merit, and harm to the plaintiff. Circuit and county court: the court can set aside an entry of default for good cause, and a default judgment under Rule 60(b): within 6 months for fraud, accident or mistake, or new evidence (counted from the date the judgment was entered); within a reasonable time if the judgment is void.
How much interest does a judgment add in Mississippi?
A judgment on a sale or contract carries the same interest rate as the contract. Other judgments carry a yearly rate the judge sets, starting on a date the judge finds fair, but not before the complaint was filed.
How long does a judgment last in Mississippi?
A judgment lasts 7 years from when it was entered or last renewed. Before it expires, the creditor can renew it by filing a Notice of Renewal with the clerk of the court that entered it (the clerk mails you notice), by a motion in that court, or by a new lawsuit on the judgment.
Can my wages be garnished in Mississippi?
At least the federal limit applies, up to 25% of your disposable earnings, or the amount above 30 times the federal minimum wage ($217.50 a week), whichever is less.
Can a creditor take money from my bank account in Mississippi?
In Justice Court, no collection action can start until 10 days after the judgment is entered. Federal benefits such as Social Security are protected from bank garnishment.
More help on our sister sites
Sources
- Mississippi Judiciary: Justice Court
- Mississippi Rules of Court index
- Mississippi Rules of Civil Procedure (eff. July 1, 2026)
- Rules of Justice Court
- Mississippi Access to Justice Commission
- 2013 H.B. 142 (signed) amending Miss. Code § 9-9-21 (county court $200,000)
- 2023 S.B. 2398 (introduced; shows existing text of § 75-17-7)
- Bhana v. Patel, Miss. Supreme Court (quotes § 15-1-43)
- Mississippi Judiciary: Civil Legal Assistance (fee waiver forms)
- Pauper's Right to Waiver of Filing Fees
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?