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Mississippi
Complaint for Past Due Promissory Note

Mississippi Complaint for Past Due Promissory Note

Category:

Promissory Notes - Complaints

State:

Multi-State

Control #:

US-01126BG

Format:

Instant download

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Description

The form is a complaint for a default on payments due pursuant to a promissory note. The complaint adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(1) An action to enforce the obligations of a party to pay a nonnegotiable promissory note payable at a definite time must be commenced within six (6) years after the due date or dates stated in the promissory note, or if a due date is accelerated, within six (6) years after the accelerated date.

In Mississippi you must normally file a claim for a breach of contract within three (3) years.

Code §15-1-81 sets the statute of limitations for enforcing a non-negotiable promissory note at 6 years from the due date. If the note is payable on demand, an action to enforce the note must be brought within 6 years after demand.

Promissory notes are legally binding whether the note is secured by collateral or based only on the promise of repayment. If you lend money to someone who defaults on a promissory note and does not repay, you can legally possess any property that individual promised as collateral.

The second triggering date, dealing with when to commence a lawsuit to enforce payment of a demand note, is the date on which the first demand for payment of the note is made. The applicable limitations period for this date is six years.

If the borrower does not repay you, your legal recourse could include repossessing any collateral the borrower put up against the note, sending the debt to a collection agency, selling the promissory note (so someone else can try to collect it), or filing a lawsuit against the borrower.

The passage of time shall never bar prosecution against any person for the offenses of murder, manslaughter, aggravated assault, aggravated domestic violence, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, ...

You can take them to small claims court if you're having difficulty collecting payment. You will need to bring a copy of the promissory note and other relevant documents, such as communications between you and the borrower regarding the loan. The court will then decide whether to rule in your favor.

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