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MS Code § 11-33-45 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-45. Property may be replevied

 The defendant, at any time before final judgment, may replevy the personal property seized and taken into possession by the officer serving an attachment, by giving to such officer a bond, with sufficient sureties, to be approved by him, payable to the plaintiff, in double the value of such property, conditioned to have said property forthcoming to answer and abide the judgment of the court in said suit, or, in default thereof, to pay and satisfy the judgment to the extent of the value of said property; and on the execution of such bond, the officer shall restore to the defendant the property so replevied, and shall return the bond so taken with the writ of attachment and all proceedings thereon. Such replevin shall not affect the lien of the attachment, or the proceedings thereon, as to any rights, credits, or choses in action of the defendant.
MS Code § 11-33-47 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-47. Form of bond for replevin of goods

 The defendant's replevin bond may be in the following form, viz.:   "We, , principal, and and sureties, bind ourselves to pay dollars, unless the said shall have forthcoming to abide the judgment of the circuit court of County, in the suit by attachment therein pending in which said is plaintiff and said is defendant, returnable on the day of , a certain levied on by the sheriff of said county by virtue of said attachment, and valued by him at , and now restored to said ; or in default thereof shall satisfy such judgment to the extent of the value of said property, to replevy which this bond is given. Witness our hands, this the of . "   Click to view
MS Code § 11-33-49 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-49. But one bond required

 If personal property be seized under an attachment writ, and the defendant, or a claimant, replevy the same, giving bond therefor, he shall not be deprived of the property under a subsequent attachment against the same defendant returnable to the same court to which the first writ is returnable; nor shall but one replevy bond be required. The bond given to the plaintiff in the first attachment shall inure to the benefit of the plaintiff in any subsequent attachment, and judgment may be rendered thereon as if it had been made payable to the plaintiff in the subsequent attachment. The officer shall show in his return on a subsequent attachment writ, what prior attachments in same court have been levied upon the property, if any, and whether the property has been replevied therein, naming the sureties on the bond.
MS Code § 11-33-51 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-51. Execution against sureties

 Where the amount demanded in an untried prior attachment, or the judgment, if the same be tried, shall equal or exceed the value of the property replevied, an execution or other process shall not be issued against the sureties on the replevin bond on a judgment in a subsequent attachment, unless the prior attachment fails, or the judgment therein be satisfied otherwise than by the proceeds of the property replevied.
MS Code § 11-33-53 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-53. Loss of priority

 If the plaintiff in a prior attachment fail to enforce his judgment, after ten days written notice to do so by the plaintiff in a subsequent attachment, he shall lose his priority; but where the amount of the prior attachment shall be less than the value of the property, process may issue on the subsequent judgment against the sureties on the replevin bond for the difference between the amount of the prior attachment and the value of the property as shown in the officer's return.
MS Code § 11-33-55 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-55. One satisfaction releases sureties

 If the value of the property be paid by the sureties, or the property surrendered as provided in the bond, the judgment in the subsequent attachment shall, as to the sureties on the replevin bond, be satisfied.
MS Code § 11-33-57 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-57. Prior attachment from another court

 Execution or other process shall not issue against the sureties on the replevin bond where the property replevied hath been levied upon and replevied in a prior attachment against the same defendant, returnable to another court, unless the amount of the prior attachment and probable costs thereof be first deducted from the value of the property; and in such case execution may issue against the sureties only for the difference.
MS Code § 11-33-59 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-59. Bond to discharge attachment for a debt due

 If any defendant in attachment for a debt due shall, at any time before the return thereof, execute and deliver to the officer serving the same, a bond, with two or more sufficient sureties, to be approved by said officer, payable to the plaintiff in attachment, in a penalty double the amount claimed by the plaintiff, conditioned to pay and satisfy any judgment which may be recovered by the plaintiff in the suit, with all costs, the attachment shall be thereby discharged; and all the property of every kind levied on, attached or seized by virtue thereof, shall be released and restored to such defendant. The bond shall be returned with the attachment; and in case of any recovery by the plaintiff in the suit, judgment shall be entered against the defendant and the sureties in the said bond. After the return of the attachment, the bond herein provided for may be given at any time before final judgment, and may be taken by the sheriff, or officer by whom the attachment was served, in case any of the attached property remains in his hands; otherwise, by the clerk of the court in which the attachment is pending.
MS Code § 11-33-61 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-61. Form of bond to discharge attachment for debt due

 The bond to discharge the attachment for a debt due may be in the following form, viz.:   "We, principal, and and , as sureties, are held and bound to pay the sum of dollars, unless the said shall satisfy any judgment which may be recovered against him by the said in his attachment suit against the said for dollars, returnable before the circuit court of County, on the day of A. D. ."   Click to view
MS Code § 11-33-63 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-63. Bond to discharge attachment for a debt not due

 If a defendant in attachment for a debt not due, shall on or before the return-day thereof, execute and deliver to the officer serving the same, a bond, with two or more sufficient sureties, to be approved by said officers, payable to the plaintiff in attachment, in a penalty double the amount claimed by the plaintiff, conditioned to pay the said debt when it shall become payable and costs of the attachment, the said attachment shall be discharged thereby, and all the property attached shall be released to the defendant. The bond shall be delivered by the officer to the plaintiff. After the return of the attachment, the bond herein provided for may be given at any time before final judgment, and may be taken by the sheriff or officer by whom the attachment was served, in case any of the attached property remains in his hands, or by the clerk of the court in which the attachment is pending.
MS Code § 11-33-65 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-65. Form of bond to discharge attachment for debt not due

 The bond to discharge attachment for a debt not due may be in the following form, viz.:   "We, principal, and and , sureties, are held and bound to pay the sum of dollars, unless shall well and truly pay the sum demanded by him as plaintiff is his attachment suit for a debt not due, the sum of , dollars, on or before the day of , A. D. , and pay the costs of said suit, which is pending in the circuit court of County, Mississippi. This the day of , A. D. ."   Click to view
MS Code § 11-33-67 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-67. Officer bound if bond insufficient

 If the bond or sureties given by the defendant, or any claimant of the property, or garnishee or other person, be insufficient, then the sheriff or other officer shall be subject to the same judgment with the surety in such bond as if he were cosurety thereon. And the court or judge, being satisfied that such bond is not a sufficient security, may order process to seize the property for which the bond was given; and when seized it shall be dealt with as provided by law upon its seizure in the first instance under attachment.
MS Code § 11-33-69 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-69. Claim of third person to attached property

 All the provisions of law in relation to third persons claiming property levied on by virtue of fieri facias shall extend and apply to claimants of property levied on by virtue of writs of attachment. The trial of the right of property shall not be had until after judgment in favor of the plaintiff in the attachment suit, and proceedings in garnishment shall be in accordance with the provisions of law on that subject.
MS Code § 11-33-71 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-71. Property in danger of waste to be sold pending suit

 When goods and chattels levied upon under an attachment are in danger of immediate waste and decay, or when live stock, or a stock of goods of any kind, is so levied upon, and the same is not replevied by the defendant or claimant, the officer holding them may sell them as like property is required to be sold under execution. The proceeds of such sale shall be held by the officer to abide the result of the suit, unless replevied. The owner of such goods may replevy the same, as in other cases, at any time before sale, and after sale, the money. If the term of court to which the writ of attachment is returnable commences within fifteen days of the levy, none of the property, except such as may be in danger of immediate waste and decay, shall be sold until after the court is held; and if the cause be continued, the property may then be sold.
MS Code § 11-33-73 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-73. How certain other property may be sold pending suit

 When personal property levied upon under an attachment shall not be subject to sale under the provisions of Section 11-33-71, and the same shall not be replevied by the defendant or claimant within ten days after the levy, the judge or the justice of the peace in whose court the suit may be pending, on the application of any party to the suit, and upon ten days' notice to all other parties to the suit of the time and place of the hearing, may make an order directing the officer having custody of said property to sell the same, as provided by law for such sales, under execution, and the proceeds of said sale shall be held by such officer to abide the result of the suit unless replevied by the defendant or claimant.
MS Code § 11-33-75 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-75. Death of defendant does not abate action

 If the defendant dies after service of the writ of attachment, the action shall not thereby be abated, but may be prosecuted to judgment, sale, transfer, and final determination as if the defendant's death had not occurred; and all proceedings and conveyances in such case shall be as valid and effectual in law as if had and made in the lifetime of defendant.
MS Code § 11-33-77 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-77. The declaration and subsequent pleadings

 The declaration may be filed on or before the return day of the attachment or before an order of dismissal be taken; and the defendant shall plead thereto as in other cases.
MS Code § 11-33-79 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-79. Judgment by default

 If the defendant shall not appear and plead to the action, in pursuance of notice, the court, as in other cases, shall give judgment against him by default, and award a writ of inquiry if necessary; but on such judgment by default, unless granted on the service of summons executed in this state, no execution shall issue except against the property on which the attachment has been served, or against a garnishee who shall have money or property in his hands belonging to the defendant.
MS Code § 11-33-81 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-81. Defendant may defend without replevying property

 The defendant in attachment may appear, without replevying the property attached, and defend the suit as in other actions for the recovery of money. In case the defendant shall have been personally summoned, or shall appear and plead to the action, the judgment therein shall have the same force and effect against the person and property of the defendant as in other actions where a summons has been personally served on him. Such appearance shall not vacate or affect any bond taken hereunder, nor discharge any garnishee, nor affect any lien created by the attachment; but the proceedings in respect to any property attached, or any garnishee summoned, shall be the same as if final judgment had been entered by default.
MS Code § 11-33-83 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-83. Answer traversing truth of alleged attachment grounds; trial of issue

 The defendant in attachment may, as a defense in his answer, traverse the truth of the alleged grounds upon which the attachment was sued out. Upon such defense being filed, the court, in its discretion, upon motion of either or any party, may order a jury to be empaneled to try the issue, or it may submit such issue to the jury empaneled to try the case on its merits. If the jury shall find for the defendant, it shall assess damages against the plaintiff for wrongfully suing out the same.
MS Code § 11-33-85 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-85. Answer traversing truth of alleged attachment grounds; damages in favor of defendant

 On the trial of the issue of the truth of the alleged attachment grounds, the defendant may introduce evidence as to the actual damages, if any, which the issuance of the attachment has occasioned him; but the defendant, when he files his answer setting up the defense traversing the truth of the alleged attachment grounds, shall file therewith written notice of what damages he will insist upon at the trial. If the issue be decided for the defendant, he shall have judgment that the attachment be discharged and against plaintiff and the sureties in his attachment bond, for the damages assessed by the jury and the costs of suit; and the jury may add to the actual damages found a reasonable sum as an attorney's fee for defending the issue; but the judgment against the sureties in the attachment bond shall not exceed the penalty thereof.
MS Code § 11-33-87 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-87. Answer traversing truth of alleged attachment grounds-effect of decision in plaintiff's favor

 If the issue on the defense traversing the truth of the alleged attachment grounds be decided for plaintiff, the defendant shall be permitted to go on to trial of the merits upon his answer as a whole.
MS Code § 11-33-89 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-89. Property assessment and judgment in certain cases

 If the personal property attached, or any part thereof, shall have been replevied by the defendant, the court or jury trying the issue between the parties, if it find for the plaintiff, shall assess the value of the property so replevied by the defendant, as well as the debt or damages due the plaintiff. If the value of the property shall equal the amount found due the plaintiff, judgment shall be entered against the defendant and his sureties in such replevin bond, for the amount of said value. If the value of the property be less than the amount found due the plaintiff, judgment shall be entered against the defendant for the amount of the verdict, and against the sureties in his replevin bond for the value of the property so replevied. If judgment by default shall be entered in such case against the defendant, an inquiry shall be awarded to assess the value of the property so replevied; and on the execution thereof judgment shall be rendered as above provided. In all cases, the judgment against the sureties of the defendant shall be satisfied and discharged by the delivery to the sheriff of the property replevied within ten days after execution on such judgment shall have come to his hands; and the sheriff shall sell the property so delivered to him, and apply the proceeds to the payment of the execution.
MS Code § 11-33-91 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-91. Voluntary dismissal and damages

 The plaintiff may dismiss his attachment, but defendant shall have a jury impanelled forthwith to assess the damages sustained by reason of suing out the attachment.
MS Code § 11-33-93 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-93. Judgment in case debt not due

 In determining the amount for which judgment shall be rendered on the merits in favor of plaintiff whose debt is not due, interest shall not be computed on the principal for a time beyond the rendition of the judgment; and if the debt do not bear interest until a future day, the principal shall be discounted for the time to elapse before interest begins, at the rate at which the debt will bear interest. Such judgments shall be enforced as in other cases.
MS Code § 11-33-95 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-95. Judgment for damages pleadable as payment

 The judgment in favor of the defendant against the plaintiff for the damages assessed and the costs may be pleaded by the defendant as a payment in the same action, or in any other suit on the same cause of action on which the attachment was sued out. An execution shall not be issued on such judgment until after the dismissal of the action or final judgment on the merits. If the action be dismissed, or if, upon a trial on the merits, judgment be in favor of the defendant, without his having obtained the benefit of the judgment in his favor for damages and costs, he shall have execution of said judgment in his favor. If the plaintiff recover in the trial on the merits, and on such trial the defendant did not avail of his judgment against the plaintiff for damages and costs, the greater recovery shall be credited with the sum of the smaller, and judgment shall be rendered by the court in favor of the party to whom the difference may be due.
MS Code § 11-33-97 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-97. Discharge of attachment not to affect action

 If the issue on the defense traversing the truth of the alleged attachment grounds be found for the defendant, the attachment shall be thereby discharged, and all property seized under it, and all persons summoned as garnishees, shall be released from it; but the action, unless dismissed by the plaintiff, shall be proceeded with in all respects as if it had been an ordinary action in its commencement; and the costs accruing in it, after the trial of the issue on the said defense, shall abide the result of such action.
MS Code § 11-33-99 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-99. Attachment preserved by appeal

 If the plaintiff, within ten days after the expiration of the term of the court at which judgment is rendered discharging his attachment, shall perfect an appeal from such judgment, the attachment shall not be discharged, nor garnishees nor property released therefrom, by such judgment; but such appeal shall preserve the attachment in full force, to await the result of the appeal.
MS Code § 11-33-101 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-101. Intervention by other creditors

 Any creditor of the defendant in attachment, upon filing a petition under oath, averring that he is a creditor, and that the grounds of attachment alleged are untrue, or that the attachment was sued out by collusion between the plaintiff and the defendant, or that the debt claimed by the defendant is fictitious or simulated, in whole or in part, or any other fact showing fraud or collusion in suing out the attachment, may intervene and make defense, and in such case the facts stated in the petition shall be tried; but the intervening creditor must give bond, payable to the plaintiff, in such penalty and with such sureties as the court or judge may prescribe, conditioned to pay the costs of the trial in case the issue be found against him.
MS Code § 11-33-103 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-103. But one trial

 But one trial shall be allowed under the provisions of Section 11-33-101, unless the petitions of the intervenors present different issues; and if the judgment be in favor of the intervening creditor, he shall recover of the plaintiff and his sureties the costs of suit, and the attachment shall be dissolved.
MS Code § 11-33-105 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-105. Proceedings before justice court judge

 Justice court judges shall have cognizance of attachments in all cases where the amount in controversy is within their jurisdiction. In such case, the notice to a defendant not found shall require the appearance of the defendant at some reasonable time, to be fixed by the judge, not less than one (1) month after the return day of the attachment, and shall be transmitted by such judge by mail to the defendant at his post office, when stated. Such notice shall not be published in a newspaper, but shall be posted in three (3) public places, where they will be likely to be seen by persons in the county of the justice court judge, three (3) weeks before the time for the appearance of the defendant. Such mailing and posting, or posting alone when the post office is not stated, shall be in lieu of publication in a newspaper in attachments before a justice court judge, and shall authorize such further proceedings as are provided for in other cases of publication.