reglab/housing_qa huggingface dataset:
MS Code § 11-29-13 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 29 - Sequestration|§ 11-29-13. Disposal of property if not bonded

 If neither of the parties litigant shall give such bond as allowed within ten days after the seizure, the officer having possession of the property shall sell the same, in the mode prescribed by law for selling property levied upon under writs of fieri facias, if the property be liable to waste or decay, or if subject to extraordinary expense in preserving the same, and hold the proceeds subject to the future orders of the court. If the property be not liable to waste or decay, or be not expensive to keep, it shall be held by such officer, unless the court or the chancellor shall order it to be sold, as may be done when it is thought best to do so. If such property shall be sold, either by the officer seizing it, in the state of case provided for when he may sell it, or by order of the court or chancellor, the proceeds of such sale shall be subject to the orders of the court or chancellor, as to their safe keeping or investment, during the litigation. If the property seized be liable to immediate waste or decay, it shall be sold immediately. If the defendant do not give bond to retain the property within five days from its seizure, and the complainant do not do so within five days after defendant's failure, either party may, before sale of the property, give the required bond and receive the property, or after sale may give such bond and receive the proceeds.
MS Code § 11-31-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 31 - Attachment in Chancery Against Nonresident, Absent or Absconding Debtors|§ 11-31-1. Jurisdiction; debtors

 The chancery court shall have jurisdiction of attachment suits based upon demands founded upon any indebtedness, whether the same be legal or equitable, or for the recovery of damages for the breach of any contract, express or implied, or arising ex delicto against any nonresident, absent or absconding debtor, who has lands and tenements within this state, or against any such debtor and persons in this state who have in their hands effects of, or are indebted to, such nonresident, absent or absconding debtor. The court shall give a decree in personam against such nonresident, absent or absconding debtor if summons has been personally served upon him, or if he has entered an appearance.
MS Code § 11-31-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 31 - Attachment in Chancery Against Nonresident, Absent or Absconding Debtors|§ 11-31-3. Attaching property or indebtedness

 When a bill shall be filed for an attachment of the effects of a nonresident, absent or absconding debtor in the hands of persons in this state, or of the indebtedness of persons in this state to such nonresident, absent or absconding debtor, it shall be sufficient to bind such effects or indebtedness that the order of attachment together with a copy of the bill of complaint and affidavit be served upon the persons possessing such effects or owing such indebtedness.
MS Code § 11-31-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 31 - Attachment in Chancery Against Nonresident, Absent or Absconding Debtors|§ 11-31-5. Levy on land

 If the land of the nonresident, absent or absconding debtor be the subject of such suit, and an order of attachment be issued, the order shall be levied by the sheriff or other officer as such writs of law are required to be levied on land, and shall have like effect.
MS Code § 11-31-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 31 - Attachment in Chancery Against Nonresident, Absent or Absconding Debtors|§ 11-31-7. Writs of sequestration for personal property

 Writs of sequestration may be issued for personal property in such cases as in others.
MS Code § 11-31-9 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 31 - Attachment in Chancery Against Nonresident, Absent or Absconding Debtors|§ 11-31-9. Publication for appearance of defendant

 The nonresident, absent or absconding debtor shall be made a party to such suit by publication of summons as in other cases, and may appear and plead, demur or answer to the bill without giving security. If such debtor fails to appear, the court shall have power to make any necessary orders to restrain the defendants within this state from paying, conveying away or secreting the debts by them owing, or the effects in their hands belonging to, the nonresident, absent or absconding defendant, and may order such debts to be paid or such effects to be delivered to the complainant on his giving security for the return thereof in such manner as the court may direct.
MS Code § 11-31-11 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 31 - Attachment in Chancery Against Nonresident, Absent or Absconding Debtors|§ 11-31-11. Complainant to give security after decree rendered

 If a decree be rendered in such case without the appearance of the absent debtor, the court, before any proceedings to satisfy said decree, shall require the complainant to give security for abiding such further orders as may be made, for restoring of the estate or effects to the absent defendant, on his appearing and answering the bill within two years; and if the complainant shall not give such security, the effects shall remain under the direction of the court, in the hands of a receiver, or otherwise, for such time, and shall then be disposed of as the court may direct.
MS Code § 11-33-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-1. Application

 The remedy by attachment shall apply to all actions or demands founded upon any indebtedness, or for the recovery of damages for the breach of any contract, express or implied, and to actions founded upon any penal statutes.
MS Code § 11-33-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-3. Suit against one or more debtors among joint debtors

 The creditor may sue out an attachment against one or more of joint debtors or joint and several debtors, whether primarily or secondarily liable, without affecting his rights as against the others.
MS Code § 11-33-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-5. Attachment against partners

 In case one or more partners shall be liable to attachment on any of the enumerated grounds therefor, save the first, an attachment may be maintained against said partner, or all of the partners, by the partnership creditors. The property of the partnership, in either case, may be levied on and dealt with in all respects as if the grounds of attachment existed as to all the partners. The effects levied upon may be replevied by the partners sued by giving bond as other defendants in attachments, or, if they fail to do so, any partner not sued therein may replevy the same in like manner; but, by doing so, such partner shall thereby become a party defendant to the suit for all purposes, and judgment may be rendered on his bond against the obligors therein as in other attachment cases.
MS Code § 11-33-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-7. Attachments against nonresidents jointly indebted

 When two or more persons, not residing in this state, are jointly indebted, the writ of attachment may be issued against such debtors, or any of them, by their proper names or by the name of the partnership, or by whatever other names such debtors may be called or known in this state, or against the executors or administrators of them or any or either of them, and may be levied upon the separate or joint estate or both of such debtors, and the lands, tenements, money, goods, chattels, effects, rights and credits of such debtors, or any or either of them, which shall be liable to be seized and taken for the satisfaction of any debt or demand for which an attachment will lie.
MS Code § 11-33-9 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-9. Grounds for attachment-affidavit

 The creditor, his agent or attorney, shall make oath before a judge of the supreme court, a judge of a circuit court, or a chancellor, or before a clerk of the circuit court or chancery court or the deputy of such clerk, or any justice court judge, or the mayor of any city, town or village, of the amount of his debt or demand, to the best of his knowledge and belief, and shall also make oath, to the best of his knowledge and belief, to one or more of the following grounds for attachment:    That the defendant is a foreign corporation, or a nonresident of this state; or   That he has removed, or is about to remove, himself or his property out of this state; or   That he so absconds or conceals himself that he cannot be served with a summons; or   That he contracted the debt or incurred the obligation in conducting the business of a ship, steamboat or other watercraft in some of the navigable waters of this state; or   That he has property or rights in action which he conceals, and unjustly refuses to apply to the payment of his debts; or   That he has assigned or disposed of, or is about to assign or dispose of, his property or rights in action, or some part thereof, with the intent to defraud his creditors; or   That he has converted, or is about to convert, his property into money or evidences of debt, with intent to place it beyond the reach of his creditors; or   That he fraudulently contracted the debt or incurred the obligation for which suit has been or is about to be brought; or   That he is buying, selling, or dealing in, or has, within six (6) months next before the suing out of the attachment, directly or indirectly bought, sold, or dealt in future contracts, commonly called "futures"; or   That he is in default for public money, due from him as a principal, to the state, or some county, city, town, or village thereof; or   That defendant is a banker, banking company or corporation, and received deposits of money knowing at the time he or it was insolvent; or has made or published a false or fraudulent statement as to his or its financial condition; or   That a judgment lien under Title 93, Mississippi Code of 1972, has been enrolled against said obligor for nonpayment of an order for support as defined by Section 93-11-101, Mississippi Code of 1972, as amended.
MS Code § 11-33-11 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-11. Bond

 The creditor, his agent, or attorney, shall also give bond, with a sufficient surety or sureties, to be approved by the officer issuing the attachment, in double the sum for which the complaint is made payable to the defendant and conditioned to the effect following, to wit:   "The condition of the above obligation is that, whereas, the above bound prays an attachment against the estate of The said for the sum of dollars, returnable to the court of , on the day of next:   Click to view   "Now, if the plaintiff shall pay to the defendant all such damages as he shall sustain by the wrongful suing out of the attachment, and all costs which may be awarded against the plaintiff in said suit, then the obligation shall be void."   The bond, together with the affidavit for the attachment, shall be returned by the officer taking the same to the court to which the attachment is returnable.
MS Code § 11-33-13 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-13. Bond by an agent

 If the bond purport to be executed by an agent or attorney of the attaching creditor, it shall be prima facie evidence that the agent or attorney had due authority to act.
MS Code § 11-33-15 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-15. Bond excepted to: new bond and affidavit

 When it shall appear to the court, on exceptions taken by the defendant or otherwise, that the sureties on any attachment bond are insufficient, the court shall direct the plaintiff to give a new bond with sufficient surety; and such bond shall be as valid, in all respects, as the original bond. If the plaintiff fail to give a new bond within the time required by the court, the attachment shall be dismissed. In all cases where an attachment bond or affidavit may be defective in any respect, or may be lost or destroyed, the plaintiff shall be allowed to file a new affidavit and bond, which shall be, in all respects, as valid and binding as if given at the commencement of the suit.
MS Code § 11-33-17 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-17. The writ

 On affidavit being made and bond given, the officer approving the bond shall issue one or more writs of attachment against the estate of the debtor, directed to the sheriff, or any other proper officer of the county or counties in which the defendant shall have property or debts, and shall be returnable to the next term of the circuit court of any county, or to the justice court of any county, in cases within the jurisdiction of the justice court, in which the defendant or property or debts of the defendant may be found and shall be the leading process of the suit.
MS Code § 11-33-19 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-19. Form of the writ

 The writ shall be in the form or to the effect following, to wit:   "THE STATE OF MISSISSIPPI "To the sheriff or any constable of county, greeting: "Whereas, AB (or agent or attorney of AB) hath complained on oath to one of the judges of the Supreme Court (or other officer as the case may be) that CD is justly indebted to the said AB to the amount of and that the said CD is a nonresident, etc. (reciting the affidavit) and bond and security having been given according to the statute: "We therefore command you that you attach the said CD by his estate, re al and personal, in your county to the value of the said demand and costs of suit, and that you safely keep the same according to law, so as to compel the said CD to appear before the court (or before the court of , a justice court judge of county), to be held at , in and for the county of , on the Monday of , to answer the above complaint. And that you summon the said CD, if to be found in your county, to appear and answer accordingly; and have there then this writ, with your proceedings thereon. "Witness my hand, this day of , A.D. ."   Click to view   The writ shall be signed by the officer granting the same or, if issued by a clerk or his deputy, shall be dated, signed and sealed as other writs; and an attachment shall not be quashed or abated for want of form if the substantial matters expressed in the foregoing precedent be contained therein; and on the demand of the plaintiff said writ may embody a garnishment.
MS Code § 11-33-21 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-21. Duplicate and alias writs

 The officer granting an attachment may issue duplicate writs to any other county in which the defendant may have property or debts due him, which writs shall be returnable to the court to which the original is returnable, and shall be executed and returned in like manner. Where the attachment has not been executed, or where no property has been found, or not sufficient to satisfy the debt, or where the plaintiff desires to garnish other persons, the clerk of the court to which same is returnable may issue alias writs to the same or other counties without a renewal bond or affidavit.
MS Code § 11-33-23 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-23. Writ to be served, on what, and what bound by the levy

 The officer receiving the writ of attachment shall forthwith levy the same, according to law, on the property of the defendant, real and personal, wherever found; and he shall summon as garnishees, by writs of garnishment, to be issued and served by himself, and duly returned, all persons indebted to the defendant, or having in possession effects belonging to him, to appear at the court to which the attachment is returnable, there to answer as required by law; and he shall seize the books of accounts and other evidence of debt belonging to the defendant and levy on the stock, shares, or interest of the defendant in any corporation, joint-stock company, or copartnership. All the property, debts, choses in action, stock, shares, and interest of the defendant attached, shall be bound by the levy from the date thereof.
MS Code § 11-33-25 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-25. The defendant to be summoned

 The officer serving the attachment shall summon the defendant, if to be found, to appear and answer the action, as in other cases.
MS Code § 11-33-27 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-27. Proceeding when levy by other than sheriff

 If a writ of attachment, returnable to the circuit court, be served by a constable, marshall, or by any person specially appointed for that purpose, the writ of attachment with the return thereon of the action of such person and all property and effects levied on, shall forthwith be delivered to the sheriff of the proper county, who shall be responsible for the property so seized, and shall return the writ to the proper court, with a statement of his action under it; but if the sheriff be a party, the office serving the attachment shall make the return, and so state therein, and likewise retain the property, unless the court, or judge in vacation, make an order for the safekeeping and forthcoming thereof.
MS Code § 11-33-29 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-29. Attachment may be issued and served on Sunday

 Attachments may in all cases be issued and executed on Sunday; and may be executed in any part of the county, by any constable of the county, or by the constable or any police officer of any municipality, in the same manner as the sheriff of the county. In cases of emergency, and when a sheriff or his deputy, or a constable or police officer cannot be had in time, the officer issuing an attachment may appoint some reputable person to execute such attachment; and such officer shall be liable on his bond and individually for the consequence of appointing an insolvent or incompetent person for such service.
MS Code § 11-33-31 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-31. Return of writ and bonds

 The officer serving an attachment shall make a full return thereon of all his proceedings, on or before the return day of the writ. He shall deliver to the court or clerk all bonds which he may have taken pursuant to law.
MS Code § 11-33-33 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-33. Ancillary attachment

 When a suit shall have been commenced, the plaintiff may obtain an attachment against the defendant, or one or more of them, on making affidavit and giving bond as required in other cases of attachment, which attachment shall be granted, issued, executed, and returned by the same officers; and the like proceedings as far as applicable, shall be had thereon as in other cases. The affidavit, bond, and writ, when returned, shall be filed with the papers in the original suit, which shall not be delayed thereby.
MS Code § 11-33-35 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-35. Attachment for debt not due

 When any creditor whose debt is not due, shall make affidavit of any of the last six grounds for an attachment, or that he has just cause to suspect, and verily believes, that his debtor will remove himself or his effects out of the state before said debt will become payable, with intent to hinder, delay, or defraud his creditors, or that he hath removed, with like intent, leaving property in this state, and shall give bond as in other cases, he may obtain an attachment returnable to the county where the debtor resides, or last resided, or where his property may be found. Such attachment shall be issued, executed, and returned, and the like proceedings had thereon as in other cases of attachment.
MS Code § 11-33-37 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-37. Publication of notice

 When any writ of attachment shall be executed and returned, if the defendant be not summoned, the clerk of the court shall cause a notice to be published once a week for three weeks in some newspaper published within the county, or in some convenient county, and having a circulation in the county in which the suit is pending, stating the issuance of such attachment, at whose suit, against whose estate, for what sum, and in what court the same is pending and that unless the defendant appear on the first day of the next succeeding term of court and plead to said action, judgment will be entered, and the estate attached will be sold. Such publication may be made before or after the return term of court, but in cases of attachment against persons residing out of this state, the creditor, his agent or attorney, shall file with the clerk his affidavit-if the affidavit for the attachment do not contain such statement-showing the post office of the defendant, or that he has made diligent inquiry to ascertain it without success; and if the post office shall be stated, the clerk shall send by mail to such defendant, at his post office, a copy of such notice, and shall make it appear to the court that he has done so, before judgment shall be rendered on publication of notice; and for a failure of duty in this respect, the clerk may be punished as for contempt.
MS Code § 11-33-39 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-39. When publication unnecessary

 Such publication of notice shall not be necessary if it shall be served on the nonresident defendant, and proof of such service be made as provided for in case of nonresident defendants in chancery; but such proof of service of notice shall be as effectual as if such defendant had been served with a summons.
MS Code § 11-33-41 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-41. Form of notice required

 The notice of the attachment which the clerk is required to cause to be published may be in the following form, to wit:   "The State of Mississippi to : An attachment at the suit of against your estate, for dollars, returnable before the circuit court of County, at , Mississippi, has been executed, and is now pending in said court; and unless you appear before said court on the Monday of A. D. , and plead to said action, judgment will be entered, and the estate attached will be sold. , A. D. , Clerk."   Click to view
MS Code § 11-33-43 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 33 - Attachment at Law Against Debtors|§ 11-33-43. In absence of newspaper

 If there should be no newspaper published within the county in which the attachment is pending, or in a convenient county, such notice shall be posted at the door of the courthouse of the county, and that shall be instead of publication in a newspaper.