Bill Text: MS HB544 | 2016 | Regular Session | Introduced
Bill Title: Identity theft; establish procedure for victim to have debt forgiven and credit reports purged.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB544 Detail]
Download: Mississippi-2016-HB544-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary B
By: Representative Clark
House Bill 544
AN ACT TO ESTABLISH A PROCEDURE FOR A VICTIM OF IDENTITY THEFT TO HAVE THE DEBT FORGIVEN AND CREDIT REPORTS PURGED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the term "identity theft" means the use of a person's personal identity information to obtain goods, money or anything of value without that person's authorization.
(2) Any person
who is the victim of identity theft * * * may send via certified mail a letter to a creditor
that claims to have a debt owing to them as a result of the identity theft,
informing the creditor of the theft and requesting the creditor to release the
victim from any and all obligations of the debt and report that release to all
credit reporting bureaus identified in the letter and request removal of the
debt from the victim's credit history. Sixty (60) days after receipt of the
certified letter from the victim, if the creditor fails to forgive the debt and
contact the credit bureaus, then the victim may petition the chancery court
where the petitioner resides or where the debt was incurred, naming the creditor
as defendant and providing service of process to the creditor in accordance
with the Mississippi Rules of Civil Procedure. The creditor is not required to
file an answer in order for the petitioner's claim to be heard. The victim
shall file a sworn petition evidencing:
(a) That the petitioner did not incur the debt or give consent for the debt;
(b) That the petitioner did not have knowledge of the debt at the time that the debt was incurred;
(c) That the petitioner has filed a formal complaint and report with the law enforcement agency where he resides or where the debt was incurred; and
(d) That the petitioner did not receive any pecuniary benefit as a result of the debt.
Upon satisfactory showing to the court, the court shall issue an order requiring the creditor to release the victim from any and all obligations of the debt and shall authorize the petitioner to report that release to all credit bureaus identified in the letter and request removal of the debt from the victim's credit history.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
