reglab/housing_qa huggingface dataset:
MS Code § 11-33-107 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-107. Trial before justice of the peace

 On the return of an attachment before a justice of the peace, the defendant may file an affidavit, or plea sworn to, traversing the grounds on which the attachment was sued out, and the justice shall hear all evidence adduced by either party, as to whether said attachment was wrongfully sued out or not; and, if the same was wrongfully sued out, he shall dismiss the attachment, with costs, and shall give judgment against the plaintiff for such damages as the defendant may have sustained by the wrongful suing out of said attachment, and shall proceed to hear the case on the merits.
MS Code § 11-35-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-1. When issued on judgment or decree

 On the suggestion in writing by the plaintiff in a judgment or decree in any court upon which an execution may be issued, that any person, either natural or artificial, including the state, any county, municipality, school district, board or other political subdivision thereof, is indebted to the defendant therein, or has effects or property of the defendant in his, her or its possession, or knows of some other person who is indebted to the defendant, or who has effects or property of the defendant in his, her or its possession, it shall be the duty of the clerk of such court to issue a writ of garnishment, directed to the sheriff or proper officer, commanding him to summon such person, the state, county, municipality, school district, board or other political subdivision thereof, as the case may be, as garnishee to appear at the term of court to which the writs of garnishment may be returnable, to answer accordingly.
MS Code § 11-35-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-3. When issued on suing out attachment

 If, at the time of issuing a writ of attachment, or thereafter before the attachment issue has been tried, the attaching creditor shall suggest that any person is indebted to the debtor, or has property of the debtor in his hands, or knows of any other person so indebted or who has effects or property of the debtor in his hands, the officer issuing the writ of attachment shall insert therein a command to summon such person to appear on the return day of the attachment, to answer accordingly.
MS Code § 11-35-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-5. Form for writ of garnishment on judgment or decree

 The writ of garnishment, when issued on a judgment or decree, may be in the following form, to wit:   "THE STATE OF MISSISSIPPI. "To any lawful officer of county: "Whereas, recovered a judgment in court of county, on the day , A. D. , for the sum of dollars and costs, against , and the judgment has not been satisfied, and said having made the proper suggestion for a writ of garnishment against : "We therefore command you to summon said to appear in said court, at , on the day of , A. D. , then and there to answer, on oath in writing, whether (here copy in full every particular that a garnishee is required to answer). And have you then and there this writ, with your proceedings indorsed thereon. "Witness my signature (and if by a clerk, add an official seal), this day of , A. D. ."   Click to view   The writ must be signed by the officer who issues it, and his official character should be written after his name.
MS Code § 11-35-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-7. Form of the writ of garnishment-when issued by the sheriff

 When the sheriff issues a writ of garnishment in executing an attachment, it may be in the following form:   "THE STATE OF MISSISSIPPI. "To , garnishee: "Whereas, the undersigned holds an attachment writ against , as defendant at the suit of , as plaintiff, and it appearing that you should be summoned as garnishee: "We therefore command you to appear in the court, at , on the day of , A. D. , being the return day of said attachment, then and there in said attachment suit to answer (here copy in full every particular that a garnishee is required to answer). Herein fail not, under penalty of having judgment rendered against you for the whole amount of plaintiff's demand. "Witness my signature, this day of , A. D. . " "   Click to view   The original must be returned to the court properly indorsed with the mode of service and the defendant served, as in other cases.
MS Code § 11-35-9 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-9. Service

 A writ of garnishment, whether issued in a case of attachment or on a judgment or decree, shall be served as a summons is required by law to be executed; but if the garnishee be not personally served, and make default, judgment nisi shall be rendered against him, and a scire facias awarded, returnable to the next term, unless the court be satisfied that the garnishee can be personally served at once, in which case it may be returnable instanter.
MS Code § 11-35-11 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-11. Service of writs of garnishment on government employees

 Service of writs of garnishment upon judgments against any officer or employee of the state, a county, a municipality, any state institution, board, commission or authority shall be effected as follows:    In a case of garnishment against any employee of a state department, agency, board, commission, institution or other authority, the writ shall be served upon the department head, president of the institution or chairman or other presiding officer thereof. In case of a garnishment against a state officer, departmental head, president of an institution, director of a board or other head of any other agency or commission of the state government, the writ shall be served upon the state auditor. In case of a garnishment against the state auditor, the writ shall be served upon the state treasurer, this being the only case in which the state treasurer is served with a writ of garnishment except where a garnishment is against an employee of the state treasurer.   In case of a garnishment against any person who is now or may hereafter be a salaried officer or employee of a county, the writ shall be served upon the clerk of the chancery court of the county, except that in case of garnishment upon a judgment against such clerk the writ shall be served upon the sheriff of the county.   In case of a garnishment against any person who is now or may hereafter be a salaried officer or employee of a county school district or a municipal separate school district, the writ shall be served upon the superintendent of the respective school district, except in the event the garnishment be against such superintendent the writ shall be served upon the president of the board of education or the board of trustees.   In case of a garnishment against an officer or employee of a municipality, the writ shall be served upon the city, town or village clerk.
MS Code § 11-35-13 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-13. Garnishment against public officer or employee; default judgment against state prohibited

 In no case shall judgment be rendered against the state, a county, a municipality or any state institution, board, commission or authority for default in failing to make answer to a writ served hereunder.
MS Code § 11-35-15 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-15. Garnishment against state public officer or employee; fee for service of writ

 Any person suggesting and obtaining a writ of garnishment upon a judgment against any person who is an officer or employee of the state shall advance and pay the sum of two dollars which shall be paid by the officer serving the writ of garnishment to the state officer upon whom such writ is directed to be served and such payment shall be retained by such officer as compensation for the additional duty imposed upon him by Sections 11-35-1 and 11-35-11 through 11-35-21, in the capacity of such officer as special agent of the state for service of garnishment writs.
MS Code § 11-35-17 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-17. Garnishment against county, municipal or other public officer or employee; fee for service of writ

 Any person suggesting and obtaining a writ of garnishment to issue against any officer or employee of a county, municipality or any state institution, board, commission or authority shall advance and pay the sum of one dollar which shall be paid to the officer upon whom such writ is directed to be served at the time of service of the writ and such sum shall be retained by such officer as compensation for answering the writ of garnishment.
MS Code § 11-35-19 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-19. Garnishment against public officer or employee; failure to answer writ; penalty

 Any person upon whom, in his representative capacity as above set out in Section 11-35-11, there shall be served a writ of garnishment under the provisions of Sections 11-35-1 and 11-35-11 through 11-35-21 shall, if he shall fail or refuse to answer such writ as provided by law in other cases of writs of garnishment and answers thereto forfeit and pay to the plaintiff in the judgment upon which the writ has issued the sum of twenty-five dollars, the same to be recovered in any court of competent jurisdiction.
MS Code § 11-35-21 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-21. Garnishment against public officer or employee; effect of writ

 Service of writ of garnishment as provided for in Section 11-35-11 shall be effective to bind funds in the hands of the garnishee as in other cases and upon judgment rendered upon the garnishment issue in any court the funds bound, or so much thereof as shall be necessary to pay the judgment upon which garnishment issued and all cost accrued, shall be paid over to the court in which such judgment was rendered and for such payment a properly certified copy of the said judgment in the garnishment proceeding and a certified copy of the bill of costs in such proceedings shall be sufficient warrant and any payment so made shall be charged against the salary or wages of the judgment debtor in the judgment on which writ of garnishment issued.
MS Code § 11-35-24 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-24. Multiple garnishments

  Where more than one garnishment has been issued against an employee of a garnishee, such garnishee shall comply with the garnishment with which he was first served. In the event more than one (1) garnishment on an employee is received on the same day, the writ of garnishment which is the smallest amount shall be satisfied first. However, in every case, garnishments issued pursuant to court ordered child support shall have first priority, even if previous garnishments are in effect or pending.   Any such conflicting or subsequent garnishments on an employee of the garnishee shall be returned to the court issuing such writ of garnishment with a statement by the garnishee that a previous garnishment is in effect. Such statement shall operate as a stay of the subsequent garnishment until satisfaction of any prior garnishments has been made.   Upon satisfaction of the writ of garnishment in progress, the garnishee shall immediately begin collection of such writ of garnishment with next priority.   Good faith compliance with this section shall release the garnishee from any liability for failure of compliance with this section.
MS Code § 11-35-25 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-25. Answer of the garnishee

  Every person duly summoned as a garnishee shall answer on oath as to the following particulars, viz.:   Whether he be indebted to the defendant or were so indebted at the time of the service of the writ on him, or have at any time since been so indebted; and, if so indebted, in what sum, whether due or not, and when due or to become due, and how the debt is evidenced, and what interest it bears;   What effects of the defendant he has or had at the time of the service of the writ on him, or has had since, in his possession or under his control;   Whether he knows or believes that any other person is indebted to the defendant; and, if so, whom, and in what amount, and where he resides; and   Whether he knows or believes that any other person has effects of the defendant in his possession or under his control; and, if so, whom, and where he resides.     In addition to answering as to the particulars in subsection (1) of this section, each person duly summoned as a garnishee in any case in which he be indebted to the defendant for wages, salary or other compensation shall answer on oath as to whether the defendant is an employee of the garnishee and, if so, the time interval between pay periods of the defendant including any specific day of a week or month on which such defendant is regularly paid.
MS Code § 11-35-27 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-27. Garnishee's answer; time

 Except as otherwise provided in Section 11-35-23, garnishees shall, in all cases in the circuit or chancery court, answer on the first day of the return term, and, in the courts of justices of the peace, they shall answer by noon on the return day of the writ, unless the court, for cause shown, shall grant further time; and, if upon the answer of any garnishee, it appear that there is any estate of the defendant in the hands of any person not summoned, an alias writ may at once be issued, to be levied on the property in the hands of such person, or he may be summoned as garnishee.
MS Code § 11-35-29 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-29. Judgment on answer

 If the garnishee admits indebtedness to or the possession of effects of the defendant, and he have not paid or delivered the same to the sheriff, judgment may be rendered against him in favor of the plaintiff for the amount of the debt admitted, or for the property, or the value thereof (to be assessed if necessary), admitted to be in his possession; but the judgment shall not be for a greater sum than the plaintiff's demand.
MS Code § 11-35-31 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-31. Garnishee's failure to answer

 If a garnishee, personally summoned, shall fail to answer as required by law, or if a scire facias on a judgment nisi be executed on him, and he fail to show cause for vacating it, the court shall enter a judgment against him for the amount of plaintiff's demand; and execution shall issue thereon, provided, however, that the garnishee may suspend the execution by filing a sworn declaration in said court showing the property and effects in his possession belonging to the debtor, and his indebtedness to the debtor, if any, or showing that there be none, if that be true; and by such act and upon a hearing thereon, the garnishee shall limit his liability to the extent of such property and effects in his hands, and such indebtedness due by him to the debtor, plus court costs and reasonable attorney's fees of the judgment creditor in said garnishment action.
MS Code § 11-35-33 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-33. Garnishee may claim exemptions

 Any garnishee who answers admitting an indebtedness, or the possession of property due or belonging to the defendant, may show by his answer that he is advised and believes that the defendant does or will claim the debt or property, or some part thereof, as exempt from garnishment, levy, or sale. Upon the filing of such answer, the clerk or justice of the peace shall issue a summons or make publication, if defendant be shown by oath to be absent from the state, for the defendant, notifying him of the garnishment and the answer, and requiring him to assert his right to the exemption. Proceedings against the garnishee shall be stayed until the question of the debtor's right to the exemption be determined. If the defendant fail to appear, judgment by default may be taken against him, adjudging that he is not entitled to the property or debt as exempt; but if he appear, the court shall, on his motion, cause an issue to be made up and tried between him and the plaintiff.
MS Code § 11-35-35 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-35. Stay if debt not yet due; delivery of goods or chattels to sheriff

 If a garnishee admit an indebtedness not then due, execution shall be stayed until its maturity; and if he admit the possession of goods or chattels of the defendant, such goods or chattels shall be delivered to the sheriff; but, in attachment cases, the garnishee may replevy the property by giving a bond for the same, as the defendant in attachment may do, and subject to the same proceedings and liabilities.
MS Code § 11-35-37 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-37. Garnishee protected in certain cases

 If a garnishee shall pay over or deliver, in pursuance of the judgment or process of the court, any money or property belonging to the defendant, before notice of sale, assignment, or transfer thereof by the defendant to any other person, such garnishee shall not thereafter be liable for the debt or property to the vendee or assignee thereof.
MS Code § 11-35-39 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-39. Garnishee may plead that judgment is void

 The garnishee may plead that the judgment under which the writ of garnishment was issued is void, and if his plea be sustained, no judgment shall be rendered against him.
MS Code § 11-35-41 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-41. Garnishee may compel interpleader

 When a garnishee, by his answer or by affidavit at any time before final judgment against him, or after such judgment if he had no such notice before the judgment was rendered, shall show that he has been notified that another person claims title to or an interest in the debt or property, which has been admitted by him, or found on a trial to be due or to be in his possession, the court shall suspend all further proceedings, and cause a summons to issue or publication to be made for the person so claiming to appear and contest with the plaintiff the right to such money, debt, or property. In such case, if the answer admit an indebtedness, and the garnishee pay the money into court, he shall thereupon be discharged from liability to either party for the sum so paid. And whenever such garnishee shall by said answer or affidavit show that he has been notified that another person claims title to or interest in such debt or property, it shall be lawful for such third person of his own motion to come in and claim the debt or property, and the claim shall be tried as other claimant's issues are tried whether summons or publication has been made to bring him in or not.
MS Code § 11-35-43 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-43. Claim of third person tried

 If the claimant, being duly summoned, fail to appear, the court shall adjudge the money, debt, or property to the plaintiff. If he appear, he shall propound his claim to the money, debt, or property in writing under oath; and the plaintiff may take issue thereon, and the same shall be tried and determined as other issues. If the issue be found in favor of the plaintiff, judgment shall be rendered for him against the garnishee, and also for the costs of the interpleader against the claimant; but if the issue be found for the claimant, judgment shall be rendered in his favor against the garnishee, and against the plaintiff for the costs. Where the garnishee has paid money into court, the judgment shall direct its payment to the party entitled thereto, and a judgment therefor shall not go against the garnishee.
MS Code § 11-35-45 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-45. Contest of garnishee's answer by plaintiff

 If the plaintiff believe that the answer of the garnishee is untrue, or that it is not a full discovery as to the debt due by the garnishee, or as to the property in his possession belonging to the defendant, he shall, at the term when the answer is filed, unless the court grant further time, contest the same, in writing, specifying in what particular he believes the answer to be incorrect. Thereupon, the court shall try the issue at once, unless cause be shown for a continuance, as to the truth of the answer, and shall render judgment upon the facts found, when in plaintiff's favor, as if they had been admitted by the answer, but if the answer be found correct, the garnishee shall have judgment for costs against the plaintiff.
MS Code § 11-35-47 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-47. Contest of garnishee's answer by defendant

 The defendant may contest, in writing, the answer of the garnishee, and may allege that the garnishee is indebted to him in a larger sum than he has admitted, or that he holds property of his not admitted by the answer, and shall specify in what particular the answer is untrue or defective. Thereupon an issue shall be made up and tried; but the plaintiff may take judgment for the sum admitted by the garnishee, or for the condemnation of the property admitted to be in his hands, notwithstanding the contest.
MS Code § 11-35-49 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-49. Transfer to other county; change of venue

 Writs of garnishment, in all cases, may be issued to any county; but if the garnishee whose answer is contested, shall not be a resident of the county, then, upon an issue being made upon his answer, the venue of the trial of the issue may be changed, on his application, to the county of his residence. The court in which the issue is tried shall cause the facts found to be certified and returned with the issue to the court from which the writ issued, and judgment shall be entered thereupon as if the issue had there been tried.
MS Code § 11-35-51 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 35 - Garnishment|§ 11-35-51. Judgment on issue against garnishee

 If the issue in any case be found against the garnishee, judgment shall be rendered against him for the amount of the debt or money or property in his hands, which judgment shall be in favor of the plaintiff, if necessary to satisfy his judgment or claim against the defendant, or in favor of the defendant, if the judgment of the plaintiff have been satisfied, or for so much thereof as may remain after satisfying said judgment.