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Bill > HB437


MS HB437

MS HB437
Identity theft; establish procedure for victim to have debt forgiven and credit reports purged.


summary

Introduced
01/10/2025
In Committee
01/10/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

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.

AI Summary

This bill establishes a legal procedure for victims of identity theft to have debts forgiven and removed from their credit reports. Under the bill, identity theft is defined as using someone's personal information to obtain goods or money without authorization. A victim can first send a certified letter to a creditor requesting debt forgiveness and credit report removal. If the creditor fails to respond within 60 days, the victim can file a petition in chancery court. To be successful, the victim must prove they did not incur the debt, did not consent to the debt, were unaware of the debt when it was created, have filed a formal complaint with law enforcement, and did not benefit from the debt. If the court finds the petition satisfactory, it will issue an order requiring the creditor to release the victim from debt obligations and allow the victim to request the debt's removal from credit reports. The bill will take effect on July 1, 2025, providing a clear legal pathway for identity theft victims to clear their financial records and protect their credit standing.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

bill text


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