MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representative Wells-Smith

AN ACT TO AMEND SECTION 97-9-11, MISSISSIPPI CODE OF 1972, TO EXCLUDE DEBT COLLECTIONS FROM CHAMPERTY AND MAINTENANCE PROHIBITIONS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-9-11, Mississippi Code of 1972, is amended as follows:

97-9-11. It shall be unlawful for any person, firm, partnership, corporation, group, organization, or association, either incorporated or unincorporated, either before or after proceedings commenced: (a) to promise, give, or offer, or to conspire or agree to promise, give, or offer, (b) to receive or accept, or to agree or conspire to receive or accept, (c) to solicit, request, or donate, any money, bank note, bank check, chose in action, personal services, or any other personal or real property, or any other thing of value, or any other assistance as an inducement to any person to commence or to prosecute further, or for the purpose of assisting such person to commence or prosecute further, any proceeding in any court or before any administrative board or other agency, regardless of jurisdiction; provided, however, this section shall not be construed to prohibit the constitutional right of regular employment of any attorney at law or solicitor in chancery, for either a fixed fee or upon a contingent basis, to represent such person, firm, partnership, corporation, group, organization, or association before any court or administrative agency, nor shall the prohibitions of this section apply to third-party debt collectors or their attorneys.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.