Mississippi Judgment: Types, Records, Duration, and What to Expect

A judgment is the court’s final decision that settles a dispute between two parties. In Mississippi, judgments commonly arise from criminal restitution, property disputes, debt collection, and family law proceedings. Once a judgment is recorded, the creditor may enforce it through actions such as placing a lien on property or garnishing wages.

What Is a Judgment in Mississippi?

Rule 54 of the Mississippi Rules of Civil Procedure defines a judgment as a decree and any order from which an appeal can be made. It carries the legal authority to restrain an individual from certain actions and order an individual to pay money to a creditor. Once entered by the court, it becomes a binding court order that creditors can enforce through liens, levies, and wage garnishments.

For example, a creditor may seek a judgment to collect unpaid loans or medical bills. Similarly, a family court may issue a judgment to establish alimony obligations or child support. Regardless of the type, judgments in Mississippi have significant financial and legal effects until they are satisfied or expire.

Types of Judgments in Mississippi

Mississippi courts issue several kinds of judgments depending on the case:

1. Summary Judgment

A summary judgment is a decision made by the court without a full trial when there is no genuine dispute about the important facts of a case.

2. Default Judgment

When a defendant fails to file a response or take part in their defense, the clerk of court can enter a default judgment. In the situation where a defendant shows signs of participation in a case, the plaintiff must give the defendant at least three days notice before the court can hold a hearing on a default judgment.

3. Declaratory Judgment

This is the court decision that explains the legal relationship or duties between two individuals or entities involved in a dispute. Nevertheless, a court of record may refuse to issue a declaratory judgment if doing so would not fully resolve the controversy in the case.

4. Family Court Judgment

Family-related judgments cover child support, custody, and spousal support (alimony). These are strictly enforced through wage garnishment, contempt actions, or liens against property.

5. Criminal Restitution Judgment (Mississippi Code Title 99, Chapter 37)

In some criminal cases, Mississippi courts issue restitution judgments requiring offenders to compensate victims for losses. These judgments function like civil judgments and remain valid until paid.

How to Search for Judgments in Mississippi

In Mississippi, judgment records are open to the public and can be searched using several methods:

1. Clerk of Court Offices – Judgment records are maintained by the Chancery and Circuit Clerks in each county. Individuals can search for these records in person at the relevant Clerk’s Office.
2. Mississippi Electronic Courts (MEC): The MEC system provides electronic access to court records, including judgments, for registered users.
3. Third-Party Services – These third-party websites allow users to search for judgment records compiled from courts across the country. It is essential for users to confirm that the information provided on these websites is current and regularly updated.

While conducting a search for judgment records, individuals may find the following information:

• Case number
• Names of the parties involved
• Court location
• Judgment date
• The amount owed or relief ordered

Judgment Records in Major Mississippi Counties

Although access to judgment records may vary by county, larger counties often maintain extensive records:

• Jackson (Hinds County): Hinds County judgments are maintained by the Circuit and Chancery Clerks, with electronic access available through the MEC system.
• Gulfport (Harrison County): To find judgment records for Harrison County, interested parties may either visit the office of the appropriate court clerk or view them online through the MEC system.
• DeSoto County (Hernando): Individuals seeking judgment records for DeSoto County may do so by registering on the MEC system. An alternative option is to visit the Chancery or Circuit Clerk’s Office in person during regular business hours.

Judgment records across Mississippi are accessible electronically through the MEC system. Nevertheless, individuals may request certified copies of these records from the Clerk’s Office.

How Long Does a Judgment Last in Mississippi?

In Mississippi, a civil judgment remains valid and enforceable for seven years from the date it is entered, as provided in Mississippi Code Annotated § 15-1-43. If the judgment is not paid during that time, creditors must renew it before expiration to extend its effects for another seven years. While a judgment is valid, creditors can pursue collection through levies, garnishments, or liens. An unpaid judgment can also create financial difficulties for the debtor.

What Happens After a Judgment Is Entered in Mississippi?

After a judgment is entered, creditors may collect through legal means, while debtors may face serious legal and financial problems.

For Creditors:

• Wage Garnishment: A creditor may ask the court to order an employer to take part of the debtor’s paycheck and apply it towards the judgment until it is paid.
• Judgment Liens: By filing a lien, creditors may secure an interest in a debtor’s property. Until the judgment is paid, such property will not be sold or refinanced.
• Bank Levies: If the court approves, creditors can collect money by seizing it from the debtor’s bank account.

For Debtors:

• Credit Reporting: When reported on credit files, judgments may decrease credit ratings and make it harder to get a loan.
• Satisfaction of Judgment: After payment is complete, the creditor must submit a court document showing that the judgment has been satisfied.
• Appeals or Motions to Vacate: A debtor who did not receive proper notice or believes that the judgment is unfair may request the court to vacate it.