Mississippi Statute of Limitations for Small Claims: Deadlines by Claim Type

Miss the Deadline and Your Claim Dies

Every civil claim in Mississippi has a statute of limitations — a fixed window for filing suit. If the defendant raises the limitations defense and it applies, the court may bar the claim regardless of the evidence or amount owed.

Mississippi's limitation periods for the most common Justice Court claims are set in Title 15, Chapter 1 of the Mississippi Code.

Three Years for Most Claims

The workhorse statute is Miss. Code § 15-1-49, which sets a three-year limit for all civil actions that don't have their own specific deadline. This covers:

• Written contracts — breach of a signed agreement, unpaid invoices under a written deal, service contracts not performed
• Property damage — a neighbor's tree falling on your fence, a contractor damaging your home, a car accident on private property
• Personal injury — physical harm caused by someone's negligence

The clock starts when the claim accrues. The accrual date is not necessarily when you discover the problem; it depends on the claim and any applicable exceptions.

Three Years for Oral Contracts Too

Under Miss. Code § 15-1-29, oral contracts and open accounts also carry a three-year limitation period. This matters for handshake deals, verbal agreements for services, and unpaid tabs or running accounts.

Oral contracts are harder to prove than written ones — you'll rely on witness testimony, text messages, and circumstantial evidence. But the time limit is the same. If the claim accrued more than three years ago, it may be time-barred; determine when payment became due and whether any exception applies.

Security Deposit Cases Have Their Own Rules

Residential security deposit claims operate under Miss. Code § 89-8-21 rather than the general statutes of limitation. The process has its own built-in timeline:

1. Tenancy terminates and you surrender possession (return the keys)
2. You demand the deposit. Put the demand in writing and keep proof of delivery, although § 89-8-21 does not specify a required written form for the tenant's demand.
3. The landlord has 45 days from when all three conditions are met to return the remaining deposit or provide an itemized deduction statement

If the landlord fails to comply, you can file in Justice Court. While § 89-8-21 doesn't specify its own separate limitation period for the court filing, the general three-year residual statute under § 15-1-49 applies to the resulting claim. Don't wait — file promptly after the 45-day window expires.

How Mississippi Counts the Days

Under RJC Rule 13, deadline calculations work like this:

• Exclude the day of the triggering event (the breach, the damage, the demand delivery)
• Include the last day of the period
• If the last day falls on a Saturday, Sunday, or official state holiday, the deadline extends to the end of the next business day

Informal settlement discussions, phone calls to the clerk, or promises to pay do not pause or extend a limitation deadline. The clock runs regardless of negotiations.

What to Do If You're Close to the Deadline

If your three-year window is approaching, file now and negotiate later. Filing stops the clock. You can still settle after filing, but if you settle before the hearing, follow RJC Rule 23(d) and file a written Motion for Dismissal signed by both parties. Informal settlement talks do not extend the limitation period.

Gather your evidence, calculate the exact expiration date, and get to the Justice Court clerk's office before it passes. The $25 uniform civil case fee, plus applicable service costs, is a small price compared to losing the right to recover your money entirely.

The Mississippi Small Claims Filing Guide includes a deadline calculator that tracks limitation periods for each claim type, so you know exactly how much time you have before your right to file expires.

See more Mississippi guides →