2006 Regular Session
To: Judiciary A
By: Representative Clark
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. Any person who is the victim of identity theft (whose identity has been stolen and used for obtaining goods, money or anything of value without that person's permission) may write a letter to a creditor that claims to have a debt owing to them as a result of such identity theft informing the creditor of the theft and requesting the creditor to forgive the debt and report the satisfaction of the debt to the three credit bureaus. After thirty (30) days, 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 giving notice to the creditor of the filing of the petition. The creditor is not required to file an answer in order for the petitioner's claim to be heard. In the petition, the victim must prove under oath:
(a) That the petitioner did not incur the debt or give consent for the debt;
(b) That the petitioner did not have knowledge 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 forgive the debt and report satisfaction of the debt to the credit bureaus.
SECTION 2. This act shall take effect and be in force from and after July 1, 2006.