Mississippi Code

Miss. Code Ann. § 15-1-3 (2026)

Completion of limitation extinguishes right; partial payment

✓ current as of July 2026

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(1) The completion of the period of limitation prescribed to bar any action, shall defeat and extinguish the right as well as the remedy. However, the former legal obligation shall be a sufficient consideration to uphold a new promise based thereon.

(2) In any case founded on a debt, when any part of the debt shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made, the statute of limitations not having run, an action may be brought in such case within the period prescribed for the same, with the said period to begin after such payment, acknowledgment or promise.

Codes, 1880, § 2685; 1892, § 2755; 1906, § 3115; Hemingway's 1917, § 2479; 1930, § 2313; 1942, § 743; Laws, 2005, ch. 417, § 1, eff. 7/1/2005.

Notes of Decisions

Cited in 32 cases (2 in the last 5 years), 1980–2023 · leading case: Windham v. Latco of Mississippi, Inc., 972 So. 2d 608 (Miss. 2008).

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Windham v. Latco of Mississippi, Inc., 972 So. 2d 608 (Miss. 2008). · cites it 6× “" Miss.Code Ann. § 15-1-3 (Rev.2003) (emphasis added).”

Townes v. Rusty Ellis Builder, Inc., 98 So. 3d 1046 (Miss. 2012). · cites it 6× “Miss.Code Ann. § 15-1-3 (Rev.2003) (emphasis added).”

Midland Funding, LLC v. Johnson, 137 S. Ct. 1407 (2017). “, Miss. Code Ann. § 15-1-3 (1) (2012) (expiration of the limitations period extinguishes the remedy and the right); Wis.”

First Nat. Bank of Columbus v. Drummond, 419 So. 2d 154 (Miss. 1982). · cites it 12× “Although Drummond does not address Raleigh, supra, in his brief, he argues that section 15-1-3 [2] Mississippi Code Annotated (1972) applies and extinguishes the right of First National.”

Burnette Avakian v. Wilmington Trust, Nat'l Ass'n, 242 So. 3d 961 (Miss. Ct. App. 2018). · cites it 2× “2012), and that pursuant to Mississippi Code Annotated section 15-1-3 (Rev. 2012), the statute of limitations had run on the underlying claim.”

Cole v. Nat'l Life Ins. Co., 549 So. 2d 1301 (Miss. 1989). · cites it 2× “Section 15-1-3, Miss. Code Ann., provides that "[t]he completion of the period of limitations prescribed to bar any action, shall defeat and extinguish the right as well as the remedy.”

Tolliver Ex Rel. Wrongful Death Beneficiaries of Green v. Mladineo, 987 So. 2d 989 (Miss. Ct. App. 2007). · cites it 2× “The applicable time period to bring an action for wrongful death had passed, and thus, the complaint against Doctors Mladineo and Hancock was time-barred.”

Univ. of Miss. Med. Ctr. v. Robinson, 876 So. 2d 337 (Miss. 2004). · cites it 2× “(citations omitted); see also Miss.Code Ann. § 15-1-3 (Rev.2003) ("The completion of the period of limitation prescribed to bar any action, shall defeat and extinguish the right as well as the remedy.”

Barry Stimpson v. Midland Credit Mgmt., Inc., 944 F.3d 1190 (9th Cir. 2019). “Accordingly, debt collectors may attempt to persuade debtors to make payments, so long as the debt Miss Code Ann. § 15-1-3(1) (“The completion of the period of limitation prescribed to bar any action, shall defeat and extinguish the right as well as the remedy.”

Hankins v. Hankins, 866 So. 2d 508 (Miss. Ct. App. 2004). · cites it 2× “Miss.Code Ann. § 15-1-3(b) (Rev.2003). The statute of frauds has been in place for nearly a century without any demonstrated measurable negative impact upon the single persons of this State.”

Grant v. State, 686 So. 2d 1078 (Miss. 1996). · cites it 3× “595 ; Miss. Code Ann. § 15-1-3 (1972). The bondholders respond that "the interpretation of the constitution becomes the duty of the judicial department when the meaning of that supreme document is put in issue.”

Nygaard v. Getty Oil Co., 918 So. 2d 1237 (Miss. 2005). · cites it 2× “" Miss.Code Ann. § 15-1-3 (Rev. 2003). Causes of action for which no specific limitation period is prescribed are governed by Mississippi's general three-year statute of limitations, which reads: "All actions for which no other period of limitation is prescribed shall be…”

Show all 32 citing cases →

— Miss. Code Ann. § 15-1-3(1) — 1 case

— Miss. Code Ann. § 15-1-3(b) — 1 case

Hankins v. Hankins, 866 So. 2d 508 (Miss. Ct. App. 2004). “Miss.Code Ann. § 15-1-3(b) (Rev.2003). The statute of frauds has been in place for nearly a century without any demonstrated measurable negative impact upon the single persons of this State.”

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