reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 5 - MECHANICS AND STABLEKEEPERS (§§ 85-7-101 — 85-7-107) › Section 85-7-105 - Remedy where lienholder loses possession to owner

If the lienholders mentioned in Sections
85-7-101
and
85-7-103
part with possession of the property, they shall retain their liens while the property remains in the hands of the owner, or one deriving title or possession through him, with notice that the price of the labor and materials or the price of feeding, grooming, training, grazing or keeping the same was unpaid, and may enforce the same in like manner as is provided in Sections
85-7-31
and
85-7-53
.
Codes, 1880, § 1383; 1892, § 2715; 1906, § 3075; Hemingway's 1917, § 2435; 1930, § 2257; 1942, § 355; Laws, 1968, ch. 303, § 1, eff. 8/6/1968.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 5 - MECHANICS AND STABLEKEEPERS (§§ 85-7-101 — 85-7-107) › Section 85-7-107 - Lien on motor vehicle for labor and materials used in constructing, manufacturing or repairing vehicle; notice to legal owner and holder of any lien; judgment on lien; redemption; sale of vehicle

All motor vehicles repaired for any person, and at his instance, shall be liable for the price of the labor and material employed in constructing, manufacturing or repairing the same; and the mechanic to whom the price of said labor and material may be due shall have the right to retain possession of such motor vehicles so repaired until the price be paid. If such price shall not be paid within thirty (30) days, and the person to whom such charges are payable and owing intends to commence suit as provided in this section, such person shall notify, by certified mail, the legal owner and the holder of any lien of the amount of charges due thereon and provide an opportunity for redemption. If such property has not been redeemed within five (5) days after the mailing of such certified letter, the person to whom such charges are payable and owing may commence suit in any court of competent jurisdiction, and upon proof of the value of the labor and materials employed in such repairs, manufacture or construction, and that such labor and materials furnished were reasonably necessary to prevent deterioration, permit operation and preserve the property, shall be entitled to judgment against the party for whom such labor was done or materials furnished, with costs, as in other cases, and to a special order for the sale of the property retained in his possession for the payment thereof, with costs, and to an execution, as in other cases, for the residue of what remains unpaid after sale of the property. The proceeds of the sale of such property in excess of the amount needed to pay the judgment and necessary expenses of the procedure required by this section shall be held by the person for a period of six (6) months, and if not reclaimed by the owner thereof within that time shall become the property of the county and be paid over to the chancery clerk of the county in which the sale was held to be deposited into the county general fund, subject however to any rights of recorded lienholders.
Laws, 1988, ch. 542, § 1; Laws, 2005, ch. 331, § 1, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 7 - OWNER'S LIEN FOR RENT ON PERSONAL PROPERTY IN SELF-STORAGE FACILITY (§§ 85-7-121 — 85-7-129) › Section 85-7-123 - Owner's lien for rent on personal property in self-storage facility; denial of entry by owner to occupant in default; late fees; election by occupant to receive notice by electronic mail

(1)
The owner has a lien upon all personal property located at a self-storage facility for rent, late fees, labor or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to Sections
85-7-121
through
85-7-129
. The lien provided for in this section is superior to any other lien or security interest except those which are perfected and recorded in Mississippi prior to the date of default under the rental agreement and except any tax lien as otherwise provided by law. The lien attaches as of the date the personal property is placed in the leased space and the rental agreement shall contain a statement in bold type notifying the occupant of the existence of the lien and that the property stored in the leased space may be sold to satisfy the lien if the occupant is in default. If the rental agreement specifies a limit on the value of personal property that the occupant may store in the leased space, the limit shall be deemed to be the maximum value of the personal property in the leased space of the occupant.
(2)
If the occupant is in default, the owner may deny the occupant access to the leased space at the self-storage facility.
(3)
The rental agreement may provide for a reasonable late fee for failure of the occupant to timely make payments for the leased space when due. A monthly late fee of no more than Twenty Dollars ($20.00) or twenty percent (20%) of the monthly rental amount, whichever is greater, shall be considered reasonable and is not a penalty.
(4)
If the owner offers notice by electronic mail, the occupant may elect to receive notice by electronic mail only by indicating the election in the rental agreement.
Laws, 1988, ch. 595, § 2, eff. 7/1/1988.
Amended by Laws, 2020, ch. 353, HB 1138,§ 2, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 7 - OWNER'S LIEN FOR RENT ON PERSONAL PROPERTY IN SELF-STORAGE FACILITY (§§ 85-7-121 — 85-7-129) › Section 85-7-125 - Enforcement of owner's lien

The enforcement of the owner's lien against an occupant who is in default shall be in accordance with the following:
(a)
No enforcement action shall be taken by the owner, other than denial of access, as provided for in the rental agreement until the occupant has been in default continuously for a period of fourteen (14) days.
(b)
During the default period the occupant shall be notified in writing. The notice shall be delivered in person or sent by verified or electronic mail to the last known address of the occupant. Notices shall be deemed delivered when deposited in the United States mail, with a private delivery service with postage paid or when an electronic message is sent to the last known address provided by the occupant. If the owner receives an automated message that the electronic mail cannot be delivered, the owner shall deliver the notice in person or send the notice by verified mail. The notice shall include an itemized statement of the owner's claim showing the sum due at the time of the notice, the date when the sum became due and any other sums that shall accrue. The notice shall also include a demand for payment of the sum due within a specified time not less than fourteen (14) days after the date of the notice, a statement that the contents of the occupant's lease space are subject to the owner's lien, the name, street address and telephone number of the owner, or his designated agent, whom the occupant may contact to respond to the notice, a conspicuous statement that unless the claim is paid within the time stated, the personal property will be advertised for public or private sale or will be otherwise disposed of at a specified time and place.
(c)
After the expiration of the time given in the owner's notice, the owner shall publish advertisement of the sale to the highest bidder in any commercially reasonable manner. The manner of advertisement is deemed commercially reasonable if it is likely to attract at least three (3) independent bidders to attend or view the sale in person or online at the time and place advertised. The notice shall include the address of the self-storage facility where the personal property is located, and the name of the occupant, and the time, place and manner of the sale.
(d)
A sale to the highest bidder shall take place not sooner than fifteen (15) days after the publication.
(e)
If no one purchases the property at the sale and if the owner has complied with the foregoing procedures, the owner may otherwise dispose of the property.
Laws, 1988, ch. 595, § 3, eff. 7/1/1988.
Amended by Laws, 2020, ch. 353, HB 1138,§ 3, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 7 - OWNER'S LIEN FOR RENT ON PERSONAL PROPERTY IN SELF-STORAGE FACILITY (§§ 85-7-121 — 85-7-129) › Section 85-7-129 - Application of Sections 85-7-121 through 85-7-129 to rental agreements entered into on or after July 1, 1988

The provisions of Sections
85-7-121
through
85-7-129
shall apply only to rental agreements entered into on or after July 1, 1988. Rental agreements entered into prior to July 1, 1988, shall remain valid.
Laws, 1988, ch. 595, § 5, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-131 - Liens on water, oil or gas wells; effect as to purchasers, etc., without notice

Every water well or oil and gas well, and any fixed machinery, gearing or other fixture that may or may not be used or connected therewith, shall be liable for services or construction and the debt shall be a lien thereon. As to oil and gas wells, the operator thereof shall have a lien upon the interest of each nonoperator owner of an interest in the mineral leasehold estate for the nonoperator's proportionate part of the labor, material and services rendered by the operator or for the operator's account on behalf of each nonoperator in the drilling, completion, recompletion, reworking or other operations of the oil and gas well. If the structure is a water well, the lien shall extend only to all pumps, pipes, equipment therein and all water well appurtenances. If the structure is an oil or gas well, the lien shall extend to the nonoperator's interest in the mineral estate and the fixtures and equipment in the producing unit assigned to the well by the State Oil and Gas Board. The lien shall take effect, as to purchasers or encumbrancers for a valuable consideration without notice thereof, only from the time of commencing suit to enforce the lien, or from the time of filing the contract under which the lien arose, or notice thereof, in the office of the clerk of the chancery court, as hereinafter stated; delivery of material to the job is prima facie evidence of its use therein, and use of water from a water well is prima facie evidence of acceptability of the well. In the case of oil and gas wells, the lien shall take effect, as to purchasers or encumbrancers for a valuable consideration without notice thereof, only from the time of filing notice of the lien as provided by Section
85-7-133
.
Codes, Hutchinson's 1848, ch. 45, art. 6 (1); 1857, ch. 39, art. 1; 1871, § 1603; 1880, § 1378; 1892, § 2698; 1906, § 3058; Hemingway's 1917, § 2418; 1930, § 2258; 1942, § 356; Laws, 1926, ch. 150; Laws, 1928, ch. 137; Laws, 1962, ch. 488, §§ 1, 2; Laws, 1964, ch. 291; Laws, 1979, ch. 379; Laws, 2010, ch. 372, § 1, eff. 7/1/2010.
Amended by Laws, 2014, ch. 487, SB 2622, 18, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-132 - Lien to enforce violations related to oil and gas production

Every building, well or structure of any kind, and any fixed machinery, gearing or other fixture that may or may not be used or connected therewith, and all fixtures and equipment in the producing unit assigned such well by the Oil and Gas Board shall be liable for any penalty, civil fine or other expense arising from the violation of any statute of this state with respect to the conservation of oil and gas, or any provision of Sections
53-1-1
through
53-1-47
and Sections
53-3-1
through
53-3-21
, or any rule, regulation or order made by the board thereunder. The Oil and Gas Board may use the provisions of this chapter to enforce any such lien. The Oil and Gas Board shall perfect such lien in the county or counties where the property or equipment involved in the violation is located. Such lien shall take effect as to purchasers or encumbrancers for a valuable consideration without notice thereof only from the time of filing notice of such lien as provided by Section
85-7-133
.
Laws, 1997, ch. 482, § 1, eff. 3/27/1997.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-133 - Chancery clerk to keep record of liens

Each of the several chancery clerks of this state shall provide in his office, as a part of the land records of his county, a record entitled "Notice of Liens" wherein notices under Section
85-7-131
shall be filed and recorded, and the liens shall not take effect until some notation of the lien is filed and recorded in the record showing a description of the property involved, the name of the lienor or lienors, the date of filing, if and where suit is filed, and if and where contract is filed or recorded.
Codes, Hutchinson's 1848, ch. 45, art. 6 (1); 1857, ch. 39, art. 1; 1871, § 1603; 1880, § 1378; 1892, § 2698; 1906, § 3058; Hemingway's 1917, § 2418; 1930, § 2258; 1942, § 356; Laws, 1926, ch. 150; Laws, 1928, ch. 137; Laws, 1962, ch. 488, §§ 1, 2; Laws, 1964, ch. 291; Laws, 1994, ch. 521, § 39, eff. 3/25/1994.
Amended by Laws, 2014, ch. 487, SB 2622, 19, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-135 - through 85-7-139 - [Repealed]

Repealed by Laws, 2014, ch. 487, § 24, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-141 - Commencement of suit to enforce lien

Any person entitled to and desiring to have the benefit of a lien under Section
85-7-131
shall commence his suit in the circuit or county court of the county in which the property or some part thereof is situated, if the principal of his demand exceeds Two Hundred Dollars ($200.00), within twelve (12) months next after the time when the money due and claimed by the suit became due and payable following the day on which the last of the labor was performed or material or rental or lease equipment was supplied by the person bringing the action, and not after; and the suit shall be commenced by petition, describing with reasonable certainty the property upon which the lien is averred to exist, and setting out the nature of the contract and indebtedness, and the amount thereof; and the plaintiff shall file therewith in all cases, except where the whole work or materials, or both, were furnished in pursuance of a written contract for an aggregate price, a bill of particulars exhibiting the amount and kind of labor performed, and of materials furnished, and the prices at which and times when the same were performed and furnished; and such suits shall be docketed and conducted as other suits in that court, and may be tried at the first term.
Codes, Hutchinson's 1848, ch. 45, art. 7 (3); 1857, ch. 39, art. 6; 1871, § 1609; 1880, § 1384; 1892, § 2702; 1906, § 3062; Hemingway's 1917, § 2422; 1930, § 2262; 1942, § 360; Laws, 1904, ch. 152; Laws, 2011, ch. 457, § 1, eff. 7/1/2011.
Amended by Laws, 2014, ch. 487, SB 2622, 20, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-143 - Parties to the suit

All persons having an interest in the controversy, and all persons claiming liens on the same property, by virtue of Section
85-7-131
, shall be made parties to the suit; and should any necessary or proper party be omitted, he may be brought in by amendment, on his own application or that of any other party interested; and claims of several parties having liens on the same property may be joined in the same action.
Codes, 1857, ch. 39, art 7; 1871, § 1610; 1880, § 1385; 1892, § 2703; 1906, § 3063; Hemingway's 1917, § 2423; 1930, § 2263; 1942, § 361.
Amended by Laws, 2014, ch. 487, SB 2622, 21, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-145 - Summons of defendants

In all actions to enforce a lien granted by Section
85-7-131
, the defendants shall be summoned, as in other actions at law, to appear and defend the action; and in case any necessary party defendant shall be a nonresident of or absent from the state, or cannot be found, he may be made a party by publication, as in cases of nonresident or absent defendants in chancery, requiring him to appear on a day to be therein named; and in default of appearance, the same proceedings shall be had as if the defendant had been duly summoned and made default.
Codes, 1857, ch. 39, art. 8; 1871, § 1611; 1880, § 1386; 1892, § 2704; 1906, § 3064; Hemingway's 1917, § 2424; 1930, § 2264; 1942, § 362.
Amended by Laws, 2014, ch. 487, SB 2622, 22, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-147 - Defenses and counterclaims

In all actions to enforce a lien granted by Section
85-7-131
, the defendants, or any of them, by answer to the petition, may make any defense they may have against the demand of the plaintiff, and also any counterclaim against him touching the subject-matter of the suit. And should any defendant claim to have a lien upon the same property, for materials furnished or labor done thereon, he may present the lien by his answer; and the cause shall be at issue without a replication, and the parties shall be confined at the trial to the cause of action and defense set forth in the pleadings.
Codes, 1857, ch. 39, art. 9; 1871, § 1612; 1880, § 1387; 1892, § 2705; 1906, § 3065; Hemingway's 1917, § 2425; 1930, § 2265; 1942, § 363.
Amended by Laws, 2014, ch. 487, SB 2622, 23, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-149 - and 85-7-151 - [Repealed]

Repealed by Laws, 2014, ch. 487, SB 2622, 24, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-153 - Execution

When the judgment shall be against the house, building, structure, or fixture and land, or against the same without the land, or against a railroad, or railroad embankment, a special writ of execution shall issue, to make the amount recovered by sale of the property, which shall be described therein; and when both a general and special judgment shall be given, both writs may be issued, either separately or combined in one, or one may be issued after the return of the other for the whole or the residue, as the case may require.
Codes, 1857, ch. 39, art. 12; 1871, § 1615; 1880, § 1390; 1892, § 2708; 1906, § 3068; Hemingway's 1917, § 2428; 1930, § 2268; 1942, § 366.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-155 - Sale of house, building, etc., with or without land; procedure; purchaser's estate in land

If such special writ of execution be for the sale of a house, building, structure, or fixture and the land, or for the sale of the same without the land, the officer shall levy on, advertise, sell, and convey the same as in other cases of land levied on for debt; and if the sale be of the house, building, structure, or fixtures alone, and the same shall have been erected or constructed and put on the land subsequently to a former encumbrance on the land, the purchaser shall acquire the same free from such former encumbrance, and his purchase shall authorize him to enter and remove such house, building, structure, or fixture from the land with reasonable dispatch; but if the house, building, structure or fixture so sold, or sold with the land, shall have been simply altered or repaired subsequently to a former encumbrance on the land, the purchaser shall acquire the same subject to such encumbrance, unless the encumbrancer consented in writing to the alteration or repairs, in which case the house, building, structure, or fixtures so altered or repaired shall be sold free from such encumbrance, and with the right in the purchaser to enter and remove the same. If the land be sold also, the purchaser shall acquire such estate therein as the owner or builder, as the case may be, had at the time the lien to enforce which the sale is made attached thereon, or at any time afterwards, subject to prior encumbrances; but buildings, structures, or fixtures erected or constructed and put on the land subsequently to prior encumbrances shall pass to the purchaser as if the sale were of such buildings, structures, or fixtures alone.
Codes, 1857, ch. 39, art. 13; 1871, § 1616; 1880, § 1391; 1892, § 2709; 1906, § 3069; Hemingway's 1917, § 2429; 1930, § 2269; 1942, § 367.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 9 - WATER, OIL AND GAS WELLS (§§ 85-7-131 — 85-7-157) › Section 85-7-157 - Sale of railroad land or buildings; procedure; purchaser's estate property

If the special writ of execution be for the sale of a railroad or railroad embankment, the officer shall levy on, advertise, sell, and convey the same as in case of land levied on for debt; and where the property may be in several counties, the officer may sell the same and the right of way, and all depots and other buildings used or connected therewith, as if the same were situated wholly within his county, and the purchaser shall acquire the property free from all prior encumbrances saving the rights of those having concurrent liens under this chapter.
Codes, 1880, § 1391; 1892, § 2710; 1906, § 3070; Hemingway's 1917, § 2430; 1930, § 2270; 1942, § 368.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 11 - SUITS ON PERFORMANCE BONDS (§§ 85-7-181 — 85-7-197) › Section 85-7-181 - through 85-7-185 - [Repealed]

Repealed by Laws, 2014, ch. 487, SB 2622, 24, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 11 - SUITS ON PERFORMANCE BONDS (§§ 85-7-181 — 85-7-197) › Section 85-7-187 - Bond; persons with right of action

If only a performance bond has been provided in accordance with this chapter and if no suit shall be brought by the obligee within six (6) months from the date of the earlier of final completion or actual use or occupancy of the project for its intended purpose, then any person supplying labor or materials to the bond principal on the project shall have a right of action on said bond for his use and benefit against said bond principal and the sureties thereon and to prosecute same to final judgment and execution, subject to the rights and demands of the bond obligee.
Codes, Hemingway's 1921 Supp. § 2434c; 1930, § 2277; 1942, § 375; Laws, 1918, ch. 128; Laws, 2005, ch. 461, § 1, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 11 - SUITS ON PERFORMANCE BONDS (§§ 85-7-181 — 85-7-197) › Section 85-7-189 - Bond; suit on; commencement

(1)
Suit on a performance claim by an obligee on a bond given in accordance with this chapter shall be commenced as follows:
(a)
If the obligee is the owner of the project being constructed, such obligee shall bring suit within one (1) year after the earlier of final completion or actual use or occupancy of the project for its intended purpose; or
(b)
If the obligee is other than an owner of the project being constructed, such obligee shall bring suit within one (1) year after such obligee receives final payment with respect to the project.
(2)
When suit is instituted on a claim for payment on a payment bond given in accordance with this chapter, it shall be commenced within one (1) year after the day on which the last of the labor was performed or material or rental or lease equipment was supplied by the person bringing the action and not later.
(3)
Any suit on a bond given in accordance with this chapter shall be brought in the county in which the contract or some part thereof was performed or in the county in which service of process may be obtained upon either the principal or the surety on such bond.
Codes, Hemingway's 1921 Supp. § 2434d; 1930, § 2278; 1942, § 376; Laws, 1918, ch. 128; Laws, 1994, ch. 626, § 5; Laws, 2005, ch. 461, § 2; Laws, 2010, ch. 372, § 5, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 11 - SUITS ON PERFORMANCE BONDS (§§ 85-7-181 — 85-7-197) › Section 85-7-191 - Bond; suit on; only one action permitted; intervention

If only a performance bond is given in accordance with this chapter and if suit is instituted on said performance bond only one (1) action shall be brought for performance and payment claims and any person entitled to sue may upon application intervene and be made a party to said suit and such intervention must occur within the time limited for such person to bring an original action; provided, however, if a separate payment bond is given then only one (1) separate action for payment claims shall likewise be brought on the payment bond and intervention shall be allowed in accordance with this statute.
Codes, Hemingway's 1921 Supp. § 2434e; 1930, § 2279; 1942, § 377; Laws, 1918, ch. 128; Laws, 2005, ch. 461, § 3, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 11 - SUITS ON PERFORMANCE BONDS (§§ 85-7-181 — 85-7-197) › Section 85-7-193 - Bond: judgment; pro rata recovery where funds insufficient

If only a performance bond is given in accordance with this chapter and the recovery on the performance bond should be inadequate to pay the full amount found due including amounts due the obligee, judgment shall be given after the performance bond obligee is fully satisfied for all its claims, demands, rights and damages to each person, including reasonable attorney's fees in an amount to be set by the judge, pro rata of the amount of the recovery. The surety on said performance bond may pay into court for distribution the full amount of its liability, less any amount which may have been paid to the performance bond obligee by reason of the execution of said bond, and upon so doing the surety will be relieved from further liability.
Codes, Hemingway's 1921 Supp. § 2434f; 1930, § 2280; 1942, § 378; Laws, 1918, ch. 128; Laws, 1987, ch. 392, § 3; Laws, 2005, ch. 461, § 4, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 11 - SUITS ON PERFORMANCE BONDS (§§ 85-7-181 — 85-7-197) › Section 85-7-195 - Process

To all suits instituted under the provisions of this chapter the parties interested shall be summoned as provided by Section
85-7-145
; provided further that where any contractors' bond has been executed and delivered under any of the foregoing sections of this chapter and the contractor or principal obligor in said bond, or any one or more of said principal obligors therein shall be a non-resident or shall remove from the state, or so conceal himself therein that service of process cannot be directly made upon him personally, then in such case personal service of summons for said absent or absconding principal obligor may be made upon the insurance commissioner of the State of Mississippi in like manner, with the same procedure thereabout, and with the same effect as process may be served on said commissioner in cases of a defendant foreign insurance company; and the delivery of any such bond within this state shall be deemed equivalent to the appointment, by the principal obligors and by the surety or sureties therein, of the state insurance commissioner or his successors in office to be the true and lawful attorney of said obligors upon whom may be served all lawful process in any action or proceeding arising under said bond when for any one of the reasons aforesaid the said principal obligors or any one of them cannot be otherwise served with personal summons in this state, and the delivery of any bond in this chapter mentioned shall be a signification of the agreement and power of attorney of the said principal obligor or obligors and of said sureties that any such process against said principal or principals which is so served shall be of the same legal force and validity as if served upon the said principal or principals personally.
Codes, Hemingway's 1921 Supp. § 2434g; 1930, § 2281; 1942, § 379; Laws, 1918, ch. 128.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 11 - SUITS ON PERFORMANCE BONDS (§§ 85-7-181 — 85-7-197) › Section 85-7-197 - through 85-7-201 - [Repealed]

Repealed by Laws, 2014, ch. 487, SB 2622, 24, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 13 - LAUNDRY PLANT OPERATORS (§§ 85-7-221 — 85-7-235) › Section 85-7-221 - Definition

As used in Sections
85-7-221
through
85-7-233
, the term "person" shall mean a natural person, partnership, corporation, or other legal entity.
Codes 1942, § 382-01; Laws, 1946, ch. 468, §§ 1-8; Laws, 1962, ch. 489, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 13 - LAUNDRY PLANT OPERATORS (§§ 85-7-221 — 85-7-235) › Section 85-7-223 - Sale of clothing, etc., for cleaning charges

Any garment, clothing, wearing apparel or household goods, which have been repaired, altered, dyed, cleaned, pressed, glazed or laundered, remaining in the possession of a person for a period of ninety (90) days or more, may be sold to pay reasonable or agreed charges, together with any costs or expenses provided for in Sections
85-7-221
through
85-7-233
. Except as otherwise provided in Section
85-7-235
, the person to whom such charges are payable and owing shall first notify the owner or owners of the proposed sale of the articles belonging to them and the amount of the charges due thereon in the manner prescribed in Section
85-7-227
.
Codes, 1942, § 382-01; Laws, 1946, ch. 468 §§ 1-8; Laws, 1962, ch. 489; Laws, 1992, ch. 315, § 1, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 13 - LAUNDRY PLANT OPERATORS (§§ 85-7-221 — 85-7-235) › Section 85-7-225 - Sale of clothing, etc., for storage charges permitted

All garments, clothing, wearing apparel, or household goods placed in storage, or on which any of the services or labors mentioned in Section
85-7-223
have been performed and then placed in storage, by agreement and remaining in the possession of a person without the reasonable or agreed charges having been paid for a period of ninety (90) days, may be sold to pay said charges, provided that the person has notified the owner or owners thereof of the sale as prescribed in Section
85-7-227
. Persons operating as warehouses or warehousemen shall not be affected by this section.
Codes, 1942 § 382-01; Laws, 1946, ch. 468, §§ 1-8; Laws, 1962, ch. 489; Laws, 1992, ch. 315, § 2, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 13 - LAUNDRY PLANT OPERATORS (§§ 85-7-221 — 85-7-235) › Section 85-7-227 - Notice to owners

The mailing by United States certified mail, return receipt requested, of a letter with a return address marked thereon, addressed to the owner or owners, at their last known address or the address given at the time of delivery of such articles to the person, shall constitute notice under the provisions of Sections
85-7-221
through
85-7-233
. The letter shall state that the articles upon which the charges are owing will be disposed of unless they are redeemed within thirty (30) days of the mailing of the notice. Said notice shall be mailed at least thirty (30) days before the articles belonging to such owner or owners may be sold for charges due thereon. The cost of mailing said letter shall be added to the charges.
Codes, 1942, § 382-01; Laws, 1946, ch. 468, §§ 1-8; Laws, 1962, ch. 489; Laws, 1992, ch. 315, § 3, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 13 - LAUNDRY PLANT OPERATORS (§§ 85-7-221 — 85-7-235) › Section 85-7-229 - Sale; disposition of proceeds

If the chattel or chattels are not redeemed within thirty (30) days after the mailing of such letter, the person may sell such articles on the day and at the time and place specified in such letter. Such sales may be made either at public auction or by private sale. The proceeds of the sale in excess of the charges and necessary expenses of the procedure required by Sections
85-7-221
through
85-7-233
, shall be held by the person for a period of six (6) months, and if not reclaimed by the owner thereof within that time shall escheat to the county and be paid over to the chancery clerk to be covered into the general fund of the county in which the sale was held.
Codes, 1942, § 382-01; Laws, 1946, ch. 468, §§ 1-8; Laws, 1962, ch. 489, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 13 - LAUNDRY PLANT OPERATORS (§§ 85-7-221 — 85-7-235) › Section 85-7-231 - Notices required to be posted; form and content of notices

All persons, taking advantage of Sections
85-7-221
through
85-7-233
, must keep posted at all times in a prominent place in their receiving office or offices, two (2) notices of dimensions of not less than eight and one-half (8-1/2) by eleven (11) inches which read as follows: "Not responsible for goods left on hand for more than ninety (90) days. All articles cleaned, pressed, glazed, laundered, washed, altered, dyed or repaired, and not called for in ninety (90) days, will be sold to pay charges," and "All articles which are stored by agreement and upon which the charges are not paid for ninety (90) days will be sold to pay charges."
Codes, 1942, § 382-01; Laws, 1946, ch. 468, §§ 1-8; Laws, 1962, ch. 489; Laws, 1992, ch. 315, § 4, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 13 - LAUNDRY PLANT OPERATORS (§§ 85-7-221 — 85-7-235) › Section 85-7-233 - Purposes and intent of Sections 85-7-221 through 85-7-233

The purpose and intent of Sections
85-7-221
through
85-7-233
is to provide an inexpensive means of enforcing liens for small amounts, and to that end the provisions of said sections shall be construed to create a lien in addition to, and shall not exclude, any liens which may exist by virtue of either the common law or any other statute of the State of Mississippi.
Codes, 1942, § 382-01; Laws, 1946, ch. 468, §§ 1-8; Laws, 1962, ch. 489, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 13 - LAUNDRY PLANT OPERATORS (§§ 85-7-221 — 85-7-235) › Section 85-7-235 - Sale of clothing after 180 days without notice or liability to owner

If any person fails to claim any garment, clothing, wearing apparel, household goods or other article delivered to any laundry or dry cleaning establishment described in Sections
85-7-223
and
85-7-225
and displaying the notice described in Section
85-7-231
, for a period of one hundred eighty (180) days, the laundry or dry cleaning establishment, without giving notice to the owner, may dispose of such garment, clothing, wearing apparel, household goods, or other article by whatever means it may choose, without liability or responsibility to the owner.
Laws, 1992, ch. 315, § 5, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 17 - GENERAL PROVISIONS (§§ 85-7-261 — 85-7-265) › Section 85-7-261 - How lien created

Unless otherwise expressly provided, the liens created or mentioned in this chapter shall exist by virtue of the relation of the parties, and without any writing, or if in writing, without recording; and the rights and liens conferred may be asserted and enforced by the assigns and personal representatives of the lienor.
Codes, 1880, § 1361; 1892, § 2683; 1906, § 3043; Hemingway's 1917, § 2401; 1930, § 2273; 1942, § 371.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 17 - GENERAL PROVISIONS (§§ 85-7-261 — 85-7-265) › Section 85-7-263 - Liens on the same building, etc. concurrent

All liens for erecting, constructing, altering, or repairing the same building, house, structure, fixture, boat, water craft, railroad, or railroad embankment shall be concurrent, and shall be paid in proportion out of the proceeds of the property when sold; and in case the sheriff shall have doubts as to the proper application of the money, he may return the same to the court, stating the question, for its determination.
Codes, 1857, ch. 39, art. 14; 1871, § 1617; 1880, § 1392; 1892, § 2712; 1906, § 3072; Hemingway's 1917, § 2432; 1930, § 2272; 1942, § 370.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 17 - GENERAL PROVISIONS (§§ 85-7-261 — 85-7-265) › Section 85-7-265 - Proceedings under justice courts

Justice courts shall have jurisdiction of cases arising under this chapter where the amount does not exceed the jurisdictional amount provided for in Section
9-11-9
, Mississippi Code of 1972, and the proceedings shall be as nearly in accordance with the provisions of this chapter as may be practicable, and the parties shall have the right of appeal as in other cases. But the sale of buildings under their judgments may be advertised and made as sales of personal property levied on under execution issued by the justice court.
Codes, Hutchinson's 1848, ch. 45, art. 7 (3); 1857, ch. 39, art. 15; 1871, § 1618; 1880, § 1393; 1892, § 2713; 1906, § 3073; Hemingway's 1917, § 2433; 1930, § 2271; 1942, § 369; Laws, 1989, ch. 406, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 19 - QUALIFYING PROVIDERS OF BURN CARE LIEN FOR CAUSES OF ACTION (§§ 85-7-301 — 85-7-317) › Section 85-7-301 - Definitions; lien on causes of action accruing to injured persons for uncompensated traumatic burn care

(1)
Except where the context otherwise requires in subsection (2) of this section, as used in Sections
85-7-301
through
85-7-315
, the term:
(a)
"Qualifying hospital" means any hospital designated as a burn center by the State Department of Health.
(b)
"Qualifying practice" means any physician practice that provides care, treatment or services to a patient who has been admitted to a qualifying hospital.
(c)
"Care, treatment or services" means burn care or burn-related treatment, or services furnished by a qualifying hospital or qualifying practice.
(d)
"Uncompensated traumatic burn care" means any portion of care, treatment or services rendered by a qualifying hospital or qualifying practice with respect to a patient whose burn care, treatment or services arose out of a single accident or occurrence for which the qualifying hospital or qualifying practice did not receive payment.
(2)
Any person, firm, authority or corporation operating a qualifying hospital or qualifying practice providing traumatic burn care in this state shall have a lien for the reasonable charges for care, treatment or services of an injured person for uncompensated traumatic burn care, which lien shall be only upon any and all causes of action accruing to the person to whom the care was furnished or to the legal representative of the person on account of injuries that gave rise to the causes of action and that necessitated the care, treatment or services, subject and subordinate, however, to any attorney's lien or fees. The lien provided for in this subsection is only a lien against those causes of action and shall not be a lien against the injured person, the legal representative, or any other property or assets of those persons and shall not be evidence of the person's failure to pay a debt. This subsection shall not be construed to interfere with the exemption from Sections
85-7-301
through
85-7-315
provided by Section
85-7-309
, nor shall this subsection prohibit an injured person or his legal representative from negotiating with a qualifying hospital or practice.
Reenacted by Laws, 2019, ch. 425, SB 2012,§ 1, eff. 7/1/2019.
Reenacted by Laws, 2016, ch. 394, HB 483, 1, eff. 7/1/2016.
Added by Laws, 2013, ch. 512, § 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 19 - QUALIFYING PROVIDERS OF BURN CARE LIEN FOR CAUSES OF ACTION (§§ 85-7-301 — 85-7-317) › Section 85-7-305 - Duties of chancery clerk; lien book

The clerk of the chancery court shall endorse the date and hour of filing on the statement filed under Section
85-7-303
; and, at the expense of the county, the clerk shall provide a lien book with a proper index in which the clerk shall enter the date and hour of the filing; the names and addresses of the qualifying hospital or qualifying practice, the operators thereof, and the patient; and the amount claimed. The information shall be recorded in the name of the patient.
Reenacted by Laws, 2019, ch. 425, SB 2012,§ 3, eff. 7/1/2019.
Reenacted by Laws, 2016, ch. 394, HB 483, 3, eff. 7/1/2016.
Added by Laws, 2013, ch. 512, § 3, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 19 - QUALIFYING PROVIDERS OF BURN CARE LIEN FOR CAUSES OF ACTION (§§ 85-7-301 — 85-7-317) › Section 85-7-309 - Applicability

Sections
85-7-301
through
85-7-315
shall not apply to:
(a)
A cause of action filed by a person who received care, treatment or services from a qualifying hospital or a qualifying practice whose medical costs were paid by the Centers for Medicare and Medicaid Services.
(b)
Any monies becoming due under the Workers' Compensation Law.
Reenacted by Laws, 2019, ch. 425, SB 2012,§ 5, eff. 7/1/2019.
Reenacted by Laws, 2016, ch. 394, HB 483, 5, eff. 7/1/2016.
Added by Laws, 2013, ch. 512, § 5, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 19 - QUALIFYING PROVIDERS OF BURN CARE LIEN FOR CAUSES OF ACTION (§§ 85-7-301 — 85-7-317) › Section 85-7-311 - Effect of Sections 85-7-301 through 85-7-315 on settlement before entry into qualifying hospital

No settlement or release entered into or executed before the entry of the injured party into the qualifying hospital shall be affected by or subject to the terms of Sections
85-7-301
through
85-7-315
.
Reenacted by Laws, 2019, ch. 425, SB 2012,§ 6, eff. 7/1/2019.
Reenacted by Laws, 2016, ch. 394, HB 483, 6, eff. 7/1/2016.
Added by Laws, 2013, ch. 512, § 6, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 19 - QUALIFYING PROVIDERS OF BURN CARE LIEN FOR CAUSES OF ACTION (§§ 85-7-301 — 85-7-317) › Section 85-7-313 - No independent right of action to determine liability for injuries

Sections
85-7-301
through
85-7-315
shall not be construed to give any qualifying hospital or qualifying practice an independent right of action to determine liability for injuries sustained by a person or firm.
Reenacted by Laws, 2019, ch. 425, SB 2012,§ 7, eff. 7/1/2019.
Reenacted by Laws, 2016, ch. 394, HB 483, 7, eff. 7/1/2016.
Added by Laws, 2013, ch. 512, § 7, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 19 - QUALIFYING PROVIDERS OF BURN CARE LIEN FOR CAUSES OF ACTION (§§ 85-7-301 — 85-7-317) › Section 85-7-315 - False affidavit required by Section 85-7-307 as perjury

Any person who gives any false affidavit as provided by Section
85-7-307
commits the offense of perjury.
Reenacted by Laws, 2019, ch. 425, SB 2012,§ 8, eff. 7/1/2019.
Reenacted by Laws, 2016, ch. 394, HB 483, 8, eff. 7/1/2016.
Added by Laws, 2013, ch. 512, § 8, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 19 - QUALIFYING PROVIDERS OF BURN CARE LIEN FOR CAUSES OF ACTION (§§ 85-7-301 — 85-7-317) › Section 85-7-317 - [Repealed]

Repealed by Laws, 2019, ch. 425, SB 2012,§ 9, eff. 7/1/2019.
Amended by Laws, 2016, ch. 394, HB 483, 9, eff. 7/1/2016.
Added by Laws, 2013, ch. 512, SB 2780, 9, eff. 7/1/2013.