MS HB1057

Identity theft victims may send a certified letter to creditors demanding debt forgiveness and credit report removal, providing notice of the theft and requesting release from all debt obligations.

If a creditor fails to forgive the debt and contact credit bureaus within 60 days of receiving the certified letter, the victim may petition the chancery court in their county of residence or where the debt was incurred.

Victims must file a sworn petition proving: (a) they did not incur or consent to the debt; (b) they had no knowledge of the debt when incurred; (c) they filed a formal complaint with law enforcement; and (d) they received no benefit from the debt.

Upon satisfactory evidence presented to the court, the judge shall order the creditor to release the victim from all debt obligations and authorize the victim to report the release to all credit bureaus and request debt removal from their credit history.

The act takes effect July 1, 2014.