MISSISSIPPI CREDITOR ALERT!
Caution!
Avoid legal complications under the FDCPA and FTC regulations. Remember, once a collection case is turned over to an attorney, the attorney MUST control the whole process.
As they say, too many cooks spoil the soup! Let's keep our "kitchens" safe.
Personal Property Exemption Law:
Effective July 1, 1995, Section 85-3-1 of the Mississippi Code, 1972, was amended to LIMIT the type of property which may be selected by a debtor as Exempt:
- "There shall be exempt for seizure under execution or attachment:
- Tangible personal property of the following kinds selected by the Debtor not exceeding $10,000 in cumulative value:
- Household goods, wearing apparel, books, animals or corps;
- Motor vehicles;
- Implements, professional books or tools of the trade;
- Cash on hand
- Professionally prescribed health aids
"Household Goods", as used in this paragraph (a) means clothing, furniture, appliances, one (1) radio and (1) television, linens, china, crockery, kitchenware, and personal effects (including wedding rings) of the debtor and his dependents; however works of art, electronic entertainment equipment (except one (1) television and one (1) radio), jewelry (other than wedding rings), and items acquired as antiques are not included within the scope of the term "Household Goods". This paragraph (a) shall not apply to distress warrants issued for collections of taxes due to the State or to wagesdescribed in Section 85-3-4."
Comment: This would appear to mean that Debtors can avoid non-possessory, non-purchase money leins only on those items permitted to be exempt. It also appears that garnishments proceeds of $600.00 or less are "safe" from recovery by the debtor or Trustee in the bankruptcy court. Of course garnishments producing more than $600.00 may be attacked by the Trustee or Debtor as preferences.