Miss. Code Ann. § 15-1-3

Completion of limitation extinguishes right; partial payment

Applied in 17 court decisions — leading case Midland Funding, LLC v. Johnson (2017)

Most recently applied in Barry Stimpson v. Midland Credit Mgmt., Inc. (December 2019)

Codes, 1880, § 2685; 1892, § 2755; 1906, § 3115; Hemingway’s 1917, § 2479; 1930, § 2313; 1942, § 743; Laws, 2005, ch. 417, § 1, eff from and after July 1, 2005.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The completion of the period of limitation prescribed to bar any action, shall defeat and extinguish the right as well as the remedy. However, the former legal obligation shall be a sufficient consideration to uphold a new promise based thereon.

(2) In any case founded on a debt, when any part of the debt shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made, the statute of limitations not having run, an action may be brought in such case within the period prescribed for the same, with the said period to begin after such payment, acknowledgment or promise.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.