Mississippi Statutes of Limitation

[David A. Szwak]

Mississippi Statutes of Limitation

Contracts and Promissory Notes: 3 years (MCA 75-3-118, 75-2-725, and 15-1-49).

Open Accounts: 3 years from the date at which time the items on the account became due and payable,(MCA 15-1-29 & MCA 15-1-31).

Judgment liens on real estate: 7 years, but can be renewed by filing suit to renew judgment prior to expiration of 7th year, (MCA 15-1-47).

Deficiency claims: 1 year from sale of collateral, (MCA 15-1-23)

Enforcement of construction liens: 1 year from date lien is filed, (MCA 85- 7-141)

[David A. Szwak]

1. Kersey v. Fernald,
911 So.2d 994, Miss.App., September 27, 2005 (NO. 2004-CA-01297-COA)

...Section 15-1-29 (Rev.2003) provides that: Except as otherwise provided in the Uniform Commercial Code, actions on an open account or account stated not acknowledged in writing, signed by the debtor, and on any unwritten contract, express or implied, shall be commenced within three (3) years next after the cause of such action accrued, and not after, except that an action based on an unwritten contract...

...Code Annotated Section 15-1-49 (Rev.2003) also provides that: (1) All actions for which no other period of limitations is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after. (2) In actions for which no other period of...


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2. Hall v. Dillard,
739 So.2d 383, Miss.App., April 06, 1999 (NO. 97-CA-01232-COA)

...unwritten contract for employment, and his right to recover was only against MCI. [ FN3.] Section 15-1-29 (Rev.1995) , limitations applicable to actions on accounts and unwritten contracts, states, in part that: [A]ctions on an open account or account stated not acknowledged in writing, signed by the debtor, and on any unwritten contract, express or implied, shall be commenced within three (3) years next after the cause of such action accrued, and not after, except that an action based on an unwritten contract...


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3. Hill v. Southeastern Floor Covering Co., Inc.,
596 So.2d 874, Miss., March 25, 1992 (NO. 89-CA-0274)

...arose from its employer-employee relationship with him and therefore, the limitations of § 15-1-29 were applicable. This limitations of actions statute provides: Except as otherwise provided in the Uniform Commercial Code, actions on an open account or account stated not acknowledged in writing, signed by the debtor, and on any unwritten contract, express or implied, shall be commenced within three (3) years next after the cause of action accrued, and not after, except that an action based on an unwritten contract of...


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4. First Nat. Bank of Columbus v. Drummond,
419 So.2d 154, Miss., August 18, 1982 (NO. 53118)

...apply. The question in Raleigh was whether or not the written contract, or bond, came within a specific statute of limitations, which was six years, or was an open account for which the three-year statute of limitations would apply, and whether the debt that the bond sought to insure was described in the bond. The Court in...

...1925) , stated as follows (entire opinion quoted): ANDERSON, J. (after stating the facts as above). The three-year statute of limitations ( section 3099, Code of 1906 ; section 2463, Hemingway's Code) provides as follows “Actions on an open account or stated account not acknowledged in writing, signed by the debtor, and on any unwritten contract, express or implied, shall be commenced within three years next after the cause of such action accrued, and not after.â€