HB 6

MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary A; Banking and Financial Services
By: Representatives Clark, Anthony
House Bill 6
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 a letter via certified mail 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, 2026.