reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 33 - ATTACHMENT AT LAW AGAINST DEBTORS (§§ 11-33-1 — 11-33-107) › Section 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 Such notice shall not be published in a newspaper, but shall be posted in three (3) public places, where they will be likely to be seen by persons in the county of the justice court judge, three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.
Codes, Hutchinson's 1848, ch. 56, art. 4 (13); 1857, ch. 52, art. 41; 1871, § 1481; 1880, § 2472; 1892, § 176; 1906, § 181; Hemingway's 1917, § 173; 1930, § 171; 1942, § 2727; Laws, 1981, ch. 471, § 36; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 33 - ATTACHMENT AT LAW AGAINST DEBTORS (§§ 11-33-1 — 11-33-107) › Section 11-33-107 - Trial before justice of the peace

On the return of an attachment before a justice of the peace, the defendant may file an affidavit, or plea sworn to, traversing the grounds on which the attachment was sued out, and the justice shall hear all evidence adduced by either party, as to whether said attachment was wrongfully sued out or not; and, if the same was wrongfully sued out, he shall dismiss the attachment, with costs, and shall give judgment against the plaintiff for such damages as the defendant may have sustained by the wrongful suing out of said attachment, and shall proceed to hear the case on the merits.
Codes, Hutchinson's 1848, ch. 56, art. 4 (24); 1857, ch. 52, art. 42; 1880, § 2474; 1892, § 177; 1906, § 182; Hemingway's 1917, § 174; 1930, § 172; 1942, § 2728.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-1 - When issued on judgment or decree

On the suggestion in writing by the plaintiff in a judgment or decree in any court upon which an execution may be issued, that any person, either natural or artificial, including the state, any county, municipality, school district, board or other political subdivision thereof, is indebted to the defendant therein, or has effects or property of the defendant in his, her or its possession, or knows of some other person who is indebted to the defendant, or who has effects or property of the defendant in his, her or its possession, it shall be the duty of the clerk of such court to issue a writ of garnishment, directed to the sheriff or proper officer, commanding him to summon such person, the state, county, municipality, school district, board or other political subdivision thereof, as the case may be, as garnishee to appear at the term of court to which the writs of garnishment may be returnable, to answer accordingly.
Codes, Hutchinson's 1848, ch. 62, art. 7 (1); 1857, ch. 61, art. 313; 1871, § 874; 1880, § 1738; 1892, § 2130; 1906, § 2337; Hemingway's 1917, § 1932; 1930, § 1838; 1942, § 2783; Laws, 1936, ch. 321; Laws, 1990, ch. 378, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-3 - When issued on suing out attachment

If, at the time of issuing a writ of attachment, or thereafter before the attachment issue has been tried, the attaching creditor shall suggest that any person is indebted to the debtor, or has property of the debtor in his hands, or knows of any other person so indebted or who has effects or property of the debtor in his hands, the officer issuing the writ of attachment shall insert therein a command to summon such person to appear on the return day of the attachment, to answer accordingly.
Codes, Hutchinson's 1848, ch. 56, art. 4 (6); 1857, ch. 52, art. 4; 1871, § 1430; 1880, § 2422; 1892, § 2131; 1906, § 2338; Hemingway's 1917, § 1933; 1930, § 1839; 1942, § 2784.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-5 - Form for writ of garnishment on judgment or decree

The writ of garnishment, when issued on a judgment or decree, may be in the following form, to wit:
"THE STATE OF MISSISSIPPI.
"To any lawful officer of ____________________ county:
"Whereas, ____________________ recovered a judgment in ____________________ court of ____________________ county, on the ____________________ day ____________________, A. D. ____________________, for the sum of ____________________ dollars and costs, against ____________________, and the judgment has not been satisfied, and said ____________________ having made the proper suggestion for a writ of garnishment against ____________________ :
"We therefore command you to summon said ____________________ to appear in said court, at ____________________, on the ____________________ day of ____________________, A. D. ____________________, then and there to answer, on oath in writing, whether (here copy in full every particular that a garnishee is required to answer). And have you then and there this writ, with your proceedings indorsed thereon.
"Witness my signature (and if by a clerk, add an official seal), this ____________________ day of ____________________, A. D. ____________________ ."
____________________
The writ must be signed by the officer who issues it, and his official character should be written after his name.
Codes, 1892, § 2132; 1906, § 2339; Hemingway's 1917, § 1934; 1930, § 1840; 1942, § 2785.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-7 - Form of the writ of garnishment-when issued by the sheriff

When the sheriff issues a writ of garnishment in executing an attachment, it may be in the following form:
"THE STATE OF MISSISSIPPI.
"To ____________________, garnishee:
"Whereas, the undersigned holds an attachment writ against ____________________, as defendant at the suit of ____________________, as plaintiff, and it appearing that you should be summoned as garnishee:
"We therefore command you to appear in the ____________________ court, at ____________________, on the ____________________ day of ____________________, A. D. ____________________, being the return day of said attachment, then and there in said attachment suit to answer (here copy in full every particular that a garnishee is required to answer). Herein fail not, under penalty of having judgment rendered against you for the whole amount of plaintiff's demand.
"Witness my signature, this ____________________ day of ____________________, A. D. ____________________.
"____________________ "
The original must be returned to the court properly indorsed with the mode of service and the defendant served, as in other cases.
Codes, 1892, § 2133; 1906, § 2340; Hemingway's 1917, § 1935; 1930, § 1841; 1942, § 2786.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-9 - Service

A writ of garnishment, whether issued in a case of attachment or on a judgment or decree, shall be served as a summons is required by law to be executed; but if the garnishee be not personally served, and make default, judgment nisi shall be rendered against him, and a scire facias awarded, returnable to the next term, unless the court be satisfied that the garnishee can be personally served at once, in which case it may be returnable instanter.
Codes, 1892, § 2134; 1906, § 2341; Hemingway's 1917, § 1936; 1930, § 1842; 1942, § 2787.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-11 - Service of writs of garnishment on government employees

Service of writs of garnishment upon judgments against any officer or employee of the state, a county, a municipality, any state institution, board, commission or authority shall be effected as follows:
(1)
In a case of garnishment against any employee of a state department, agency, board, commission, institution or other authority, the writ shall be served upon the department head, president of the institution or chairman or other presiding officer thereof. In case of a garnishment against a state officer, departmental head, president of an institution, director of a board or other head of any other agency or commission of the state government, the writ shall be served upon the state auditor. In case of a garnishment against the state auditor, the writ shall be served upon the state treasurer, this being the only case in which the state treasurer is served with a writ of garnishment except where a garnishment is against an employee of the state treasurer.
(2)
In case of a garnishment against any person who is now or may hereafter be a salaried officer or employee of a county, the writ shall be served upon the clerk of the chancery court of the county, except that in case of garnishment upon a judgment against such clerk the writ shall be served upon the sheriff of the county.
(3)
In case of a garnishment against any person who is now or may hereafter be a salaried officer or employee of a county school district or a municipal separate school district, the writ shall be served upon the superintendent of the respective school district, except in the event the garnishment be against such superintendent the writ shall be served upon the president of the board of education or the board of trustees.
(4)
In case of a garnishment against an officer or employee of a municipality, the writ shall be served upon the city, town or village clerk.
Codes, 1942, § 2789; Laws, 1936, ch. 321; Laws, 1952, ch. 264; Laws, 1973, ch. 422, § 1, eff. March 29, 1973.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-13 - Garnishment against public officer or employee; default judgment against state prohibited

In no case shall judgment be rendered against the state, a county, a municipality or any state institution, board, commission or authority for default in failing to make answer to a writ served hereunder.
Codes, 1942, § 2790; Laws, 1936, ch. 321.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-15 - Garnishment against state public officer or employee; fee for service of writ

Any person suggesting and obtaining a writ of garnishment upon a judgment against any person who is an officer or employee of the state shall advance and pay the sum of two dollars which shall be paid by the officer serving the writ of garnishment to the state officer upon whom such writ is directed to be served and such payment shall be retained by such officer as compensation for the additional duty imposed upon him by Sections
11-35-1
and
11-35-11
through
11-35-21
, in the capacity of such officer as special agent of the state for service of garnishment writs.
Codes, 1942, § 2791; Laws, 1936, ch. 321.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-17 - Garnishment against county, municipal or other public officer or employee; fee for service of writ

Any person suggesting and obtaining a writ of garnishment to issue against any officer or employee of a county, municipality or any state institution, board, commission or authority shall advance and pay the sum of one dollar which shall be paid to the officer upon whom such writ is directed to be served at the time of service of the writ and such sum shall be retained by such officer as compensation for answering the writ of garnishment.
Codes, 1942, § 2792; Laws, 1936, ch. 321.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-19 - Garnishment against public officer or employee; failure to answer writ; penalty

Any person upon whom, in his representative capacity as above set out in Section
11-35-11
, there shall be served a writ of garnishment under the provisions of Sections
11-35-1
and
11-35-11
through
11-35-21
shall, if he shall fail or refuse to answer such writ as provided by law in other cases of writs of garnishment and answers thereto forfeit and pay to the plaintiff in the judgment upon which the writ has issued the sum of twenty-five dollars, the same to be recovered in any court of competent jurisdiction.
Codes, 1942, § 2793; Laws, 1936, ch. 321.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-21 - Garnishment against public officer or employee; effect of writ

Service of writ of garnishment as provided for in Section
11-35-11
shall be effective to bind funds in the hands of the garnishee as in other cases and upon judgment rendered upon the garnishment issue in any court the funds bound, or so much thereof as shall be necessary to pay the judgment upon which garnishment issued and all cost accrued, shall be paid over to the court in which such judgment was rendered and for such payment a properly certified copy of the said judgment in the garnishment proceeding and a certified copy of the bill of costs in such proceedings shall be sufficient warrant and any payment so made shall be charged against the salary or wages of the judgment debtor in the judgment on which writ of garnishment issued.
Codes, 1942, § 2794; Laws, 1936, ch. 321.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-24 - Multiple garnishments

(1)
Where more than one garnishment has been issued against an employee of a garnishee, such garnishee shall comply with the garnishment with which he was first served. In the event more than one (1) garnishment on an employee is received on the same day, the writ of garnishment which is the smallest amount shall be satisfied first. However, in every case, garnishments issued pursuant to court ordered child support shall have first priority, even if previous garnishments are in effect or pending.
(2)
Any such conflicting or subsequent garnishments on an employee of the garnishee shall be returned to the court issuing such writ of garnishment with a statement by the garnishee that a previous garnishment is in effect. Such statement shall operate as a stay of the subsequent garnishment until satisfaction of any prior garnishments has been made.
(3)
Upon satisfaction of the writ of garnishment in progress, the garnishee shall immediately begin collection of such writ of garnishment with next priority.
(4)
Good faith compliance with this section shall release the garnishee from any liability for failure of compliance with this section.
Laws, 1981, ch. 469, § 5, eff. 4/7/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-25 - Answer of the garnishee

(1)
Every person duly summoned as a garnishee shall answer on oath as to the following particulars, viz.:
(a)
Whether he be indebted to the defendant or were so indebted at the time of the service of the writ on him, or have at any time since been so indebted; and, if so indebted, in what sum, whether due or not, and when due or to become due, and how the debt is evidenced, and what interest it bears;
(b)
What effects of the defendant he has or had at the time of the service of the writ on him, or has had since, in his possession or under his control;
(c)
Whether he knows or believes that any other person is indebted to the defendant; and, if so, whom, and in what amount, and where he resides; and
(d)
Whether he knows or believes that any other person has effects of the defendant in his possession or under his control; and, if so, whom, and where he resides.
(2)
In addition to answering as to the particulars in subsection (1) of this section, each person duly summoned as a garnishee in any case in which he be indebted to the defendant for wages, salary or other compensation shall answer on oath as to whether the defendant is an employee of the garnishee and, if so, the time interval between pay periods of the defendant including any specific day of a week or month on which such defendant is regularly paid.
Codes, Hutchinson's 1848, ch. 56, art. 4 (6), ch. 62, art. 7 (1); 1857, ch. 52, art. 4, ch. 61, art. 313; 1871, §§ 874, 1430; 1880, §§ 1783, 2422; 1892, § 2135; 1906, § 2342; Hemingway's 1917, § 1937; 1930, § 1843; 1942, § 2788; Laws, 1981, ch. 469, § 2, eff. 4/7/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-27 - Garnishee's answer; time

Except as otherwise provided in Section
11-35-23
, garnishees shall, in all cases in the circuit or chancery court, answer on the first day of the return term, and, in the courts of justices of the peace, they shall answer by noon on the return day of the writ, unless the court, for cause shown, shall grant further time; and, if upon the answer of any garnishee, it appear that there is any estate of the defendant in the hands of any person not summoned, an alias writ may at once be issued, to be levied on the property in the hands of such person, or he may be summoned as garnishee.
Codes, 1857, ch. 52, art. 26; 1871, § 1443; 1880, § 2444; 1892, § 2140; 1906, § 2347; Hemingway's 1917, § 1942; 1930, § 1848; 1942, § 2800.
Amended by Laws, 2017, ch. 407, SB 2445, 11, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-29 - Judgment on answer

If the garnishee admits indebtedness to or the possession of effects of the defendant, and he have not paid or delivered the same to the sheriff, judgment may be rendered against him in favor of the plaintiff for the amount of the debt admitted, or for the property, or the value thereof (to be assessed if necessary), admitted to be in his possession; but the judgment shall not be for a greater sum than the plaintiff's demand.
Codes, 1892, § 2137; 1906, § 2344; Hemingway's 1917, § 1939; 1930, § 1845; 1942, § 2797.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-31 - Garnishee's failure to answer

If a garnishee, personally summoned, shall fail to answer as required by law, or if a scire facias on a judgment nisi be executed on him, and he fail to show cause for vacating it, the court shall enter a judgment against him for the amount of plaintiff's demand; and execution shall issue thereon, provided, however, that the garnishee may suspend the execution by filing a sworn declaration in said court showing the property and effects in his possession belonging to the debtor, and his indebtedness to the debtor, if any, or showing that there be none, if that be true; and by such act and upon a hearing thereon, the garnishee shall limit his liability to the extent of such property and effects in his hands, and such indebtedness due by him to the debtor, plus court costs and reasonable attorney's fees of the judgment creditor in said garnishment action.
Codes, Hutchinson's 1848, ch. 56, art. 4 (19), ch. 62, art. 7 (2); 1857, ch. 52, art. 25; 1871, § 1442; 1880, § 2446; 1892, § 2138; 1906, § 2345; Hemingway's 1917, § 1940; 1930, § 1846; 1942, § 2798; Laws, 1966, ch. 364, § 1, eff. 5/20/1966.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-33 - Garnishee may claim exemptions

Any garnishee who answers admitting an indebtedness, or the possession of property due or belonging to the defendant, may show by his answer that he is advised and believes that the defendant does or will claim the debt or property, or some part thereof, as exempt from garnishment, levy, or sale. Upon the filing of such answer, the clerk or justice of the peace shall issue a summons or make publication, if defendant be shown by oath to be absent from the state, for the defendant, notifying him of the garnishment and the answer, and requiring him to assert his right to the exemption. Proceedings against the garnishee shall be stayed until the question of the debtor's right to the exemption be determined. If the defendant fail to appear, judgment by default may be taken against him, adjudging that he is not entitled to the property or debt as exempt; but if he appear, the court shall, on his motion, cause an issue to be made up and tried between him and the plaintiff.
Codes, 1892, § 2139; 1906, § 2346; Hemingway's 1917, § 1941; 1930, § 1847; 1942, § 2799.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-35 - Stay if debt not yet due; delivery of goods or chattels to sheriff

If a garnishee admit an indebtedness not then due, execution shall be stayed until its maturity; and if he admit the possession of goods or chattels of the defendant, such goods or chattels shall be delivered to the sheriff; but, in attachment cases, the garnishee may replevy the property by giving a bond for the same, as the defendant in attachment may do, and subject to the same proceedings and liabilities.
Codes, 1857, ch. 52, art. 27; 1871, § 1444; 1880, § 2445; 1892, § 2141; 1906, § 2348; Hemingway's 1917, § 1943; 1930, § 1849; 1942, § 2801.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-37 - Garnishee protected in certain cases

If a garnishee shall pay over or deliver, in pursuance of the judgment or process of the court, any money or property belonging to the defendant, before notice of sale, assignment, or transfer thereof by the defendant to any other person, such garnishee shall not thereafter be liable for the debt or property to the vendee or assignee thereof.
Codes, Hutchinson's 1848, ch. 62, art. 7 (5); 1857, ch. 52, art. 36; 1871, § 1453; 1880, § 2447; 1892, § 2142; 1906, § 2349; Hemingway's 1917, § 1944; 1930, § 1850; 1942, § 2802.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-39 - Garnishee may plead that judgment is void

The garnishee may plead that the judgment under which the writ of garnishment was issued is void, and if his plea be sustained, no judgment shall be rendered against him.
Codes, 1906, § 2350; Hemingway's 1917, § 1945; 1930, § 1851; 1942, § 2803.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-41 - Garnishee may compel interpleader

When a garnishee, by his answer or by affidavit at any time before final judgment against him, or after such judgment if he had no such notice before the judgment was rendered, shall show that he has been notified that another person claims title to or an interest in the debt or property, which has been admitted by him, or found on a trial to be due or to be in his possession, the court shall suspend all further proceedings, and cause a summons to issue or publication to be made for the person so claiming to appear and contest with the plaintiff the right to such money, debt, or property. In such case, if the answer admit an indebtedness, and the garnishee pay the money into court, he shall thereupon be discharged from liability to either party for the sum so paid. And whenever such garnishee shall by said answer or affidavit show that he has been notified that another person claims title to or interest in such debt or property, it shall be lawful for such third person of his own motion to come in and claim the debt or property, and the claim shall be tried as other claimant's issues are tried whether summons or publication has been made to bring him in or not.
Codes, 1857, ch. 52, art. 34; 1871, § 1451; 1880, § 2449; 1892, § 2143; 1906, § 2351; Hemingway's 1917, § 1946; 1930, § 1852; 1942, § 2804.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-43 - Claim of third person tried

If the claimant, being duly summoned, fail to appear, the court shall adjudge the money, debt, or property to the plaintiff. If he appear, he shall propound his claim to the money, debt, or property in writing under oath; and the plaintiff may take issue thereon, and the same shall be tried and determined as other issues. If the issue be found in favor of the plaintiff, judgment shall be rendered for him against the garnishee, and also for the costs of the interpleader against the claimant; but if the issue be found for the claimant, judgment shall be rendered in his favor against the garnishee, and against the plaintiff for the costs. Where the garnishee has paid money into court, the judgment shall direct its payment to the party entitled thereto, and a judgment therefor shall not go against the garnishee.
Codes, 1857, ch. 52, art. 35; 1871, § 1452; 1880, § 2450; 1892, § 2144; 1906, § 2352; Hemingway's 1917, § 1947; 1930, § 1853; 1942, § 2805.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-45 - Contest of garnishee's answer by plaintiff

If the plaintiff believe that the answer of the garnishee is untrue, or that it is not a full discovery as to the debt due by the garnishee, or as to the property in his possession belonging to the defendant, he shall, at the term when the answer is filed, unless the court grant further time, contest the same, in writing, specifying in what particular he believes the answer to be incorrect. Thereupon, the court shall try the issue at once, unless cause be shown for a continuance, as to the truth of the answer, and shall render judgment upon the facts found, when in plaintiff's favor, as if they had been admitted by the answer, but if the answer be found correct, the garnishee shall have judgment for costs against the plaintiff.
Codes, Hutchinson's 1848, ch. 56, art. 4 (21), ch. 62, art. 7 (4); 1857, ch. 52, art. 28; 1871, § 1445; 1880, § 2451; 1892, § 2145; 1906, § 2353; Hemingway's 1917, § 1948; 1930, § 1854; 1942, § 2806.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-47 - Contest of garnishee's answer by defendant

The defendant may contest, in writing, the answer of the garnishee, and may allege that the garnishee is indebted to him in a larger sum than he has admitted, or that he holds property of his not admitted by the answer, and shall specify in what particular the answer is untrue or defective. Thereupon an issue shall be made up and tried; but the plaintiff may take judgment for the sum admitted by the garnishee, or for the condemnation of the property admitted to be in his hands, notwithstanding the contest.
Codes, 1857, ch. 52, art. 32; 1871, § 1449; 1880, § 2452; 1892, § 2146; 1906, § 2354; Hemingway's 1917, § 1949; 1930, § 1855; 1942, § 2807.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-49 - Transfer to other county; change of venue

Writs of garnishment, in all cases, may be issued to any county; but if the garnishee whose answer is contested, shall not be a resident of the county, then, upon an issue being made upon his answer, the venue of the trial of the issue may be changed, on his application, to the county of his residence. The court in which the issue is tried shall cause the facts found to be certified and returned with the issue to the court from which the writ issued, and judgment shall be entered thereupon as if the issue had there been tried.
Codes, Hutchinson's 1848, ch. 56, art. 4 (27), art. 13 (4); 1857, ch. 52, art. 29; 1871, § 1446; 1880, § 2453; 1892, § 2147; 1906, § 2355; Hemingway's 1917, § 1950; 1930, § 1856; 1942, § 2808.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-51 - Judgment on issue against garnishee

If the issue in any case be found against the garnishee, judgment shall be rendered against him for the amount of the debt or money or property in his hands, which judgment shall be in favor of the plaintiff, if necessary to satisfy his judgment or claim against the defendant, or in favor of the defendant, if the judgment of the plaintiff have been satisfied, or for so much thereof as may remain after satisfying said judgment.
Codes, 1857, ch. 52, art. 33; 1871, § 1450; 1880, § 2454; 1892, § 2148; 1906, § 2356; Hemingway's 1917, § 1951; 1930, § 1857; 1942, § 2809.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-53 - Valuation and discharge of judgment

If the personal property levied on under an attachment, or any part thereof, shall have been left in the hands of the garnishee on his giving bond as prescribed, the court or jury trying the issue between the plaintiff and garnishee, if it find for the plaintiff, shall assess the value of the property left in the hands of the garnishee. If the value of the property equal or exceed the amount due the plaintiff, judgment shall be entered against the garnishee and his sureties on his replevin bond for the sum due the plaintiff. If the value of the property be less than the amount due the plaintiff, judgment shall be entered against the garnishee and his sureties for the value of the property so replevied or left in his hands. If judgment by default shall be rendered against the garnishee, the value of the property so replevied or left in his hands shall be assessed, and judgment shall be entered as above provided. In all cases the judgment against the garnishee and his sureties shall be satisfied and discharged by the delivery to the sheriff of the property replevied or left in his hands within ten days after execution on the judgment shall have come to the hands of the sheriff, and he shall sell the property so delivered to him, and apply the proceeds to the payment of the execution.
Codes, 1857, ch. 52, art. 9; 1871, § 1448; 1880, § 2455; 1892, § 2149; 1906, § 2357; Hemingway's 1917, § 1952; 1930, § 1858; 1942, § 2810.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-55 - No final judgment in certain cases

Final judgment upon a garnishment shall not go against a surety or accommodation indorser until judgment be rendered against the principal and the cosureties or prior indorsers who may be liable to judgment, if they be residents of the state.
Codes, Hutchinson's 1848, ch. 56, art. 13 (1); 1857, ch. 52, art. 30; 1871, § 1447; 1880, § 2456; 1892, § 2150; 1906, § 2358; Hemingway's 1917, § 1953; 1930, § 1859; 1942, § 2811.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-57 - Executors and administrators may be garnished

Executors and administrators may be garnished for a debt due by their testator or intestate to the defendant; but judgment shall not be entered in such case against an executor or administrator until the lapse of six months after the grant of letters; and they may be garnished as having effects due to legatees or distributees; but judgment shall not be rendered against them in such case, except with their consent, until after a final settlement of the estate.
Codes, 1857, ch. 52, art. 24; 1871, § 1485; 1880, § 2457; 1892, § 2151; 1906, § 2359; Hemingway's 1917, § 1954; 1930, § 1860; 1942, § 2812.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-59 - Proceedings if garnishee dies

If the garnishee dies, like proceedings may be had as provided for in case of the death of a party to an action.
Codes, 1880, § 2458; 1892, § 2152; 1906, § 2360; Hemingway's 1917, § 1955; 1930, § 1861; 1942, § 2813.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 35 - GARNISHMENT (§§ 11-35-1 — 11-35-61) › Section 11-35-61 - Garnishee compensation; conditions

The garnishee shall be allowed for his attendance, out of the debts or effects in his possession, or against the plaintiff in attachment, judgment, or decree in case there be no debts or effects in his possession, provided he shall put in his answer within the time prescribed by law, the pay and mileage of a juror, and, in exceptional cases rendering it proper, the court may allow the garnishee reasonable compensation additional to the foregoing and to be obtained in the same way.
Codes, Hutchinson's 1848, ch. 62, art. 7 (6); 1857, ch. 52, art. 37; 1871, § 1454; 1880, § 2448; 1892, § 2153; 1906, § 2361; Hemingway's 1917, § 1956; 1930, § 1862; 1942, § 2814.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-101 - How replevin commenced; immediate seizure of property sought

If any person, his agent or attorney, shall file a complaint under oath setting forth:
(a)
A description of any personal property;
(b)
The value thereof, giving the value of each separate article and the value of the total of all articles;
(c)
The plaintiff is entitled to the immediate possession thereof, setting forth all facts and circumstances upon which the plaintiff relies for his claim, and exhibiting all contracts and documents evidencing his claim;
(d)
That the property is in the possession of the defendant; and
(e)
That the defendant wrongfully took and detains or wrongfully detains the same; and shall present such pleadings to a justice of the Supreme Court, a judge of the circuit court, a chancellor, a county judge, a justice court judge or other duly elected judge, such justice or judge may issue an order directing the clerk of such court to issue a writ of replevin for the seizure of the property described in said complaint, upon the plaintiff posting a good and valid replevin bond in favor of the defendant, for double the value of the property as alleged in the complaint, conditioned to pay any damages which may arise from the wrongful seizure of said property by the plaintiff. The said writ shall be directed to the sheriff or other lawful officer, returnable as a summons before the proper circuit or county court where the value of the property, as alleged in the complaint, exceeds the jurisdictional amount of the justice court, or to the circuit or county court or the proper justice court if the value shall not exceed such amount. The complaint along with the order of the court, the writ of replevin with the officer's return thereon, and the bond of the plaintiff shall be filed in the proper court at once. Writs of replevin may be made returnable to the proper court of another county where the property may be found.
Laws, 1975, ch. 508, § 1; Laws, 1990, ch. 344, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-103 - Judge may determine value of bond

Should the judge to whom such pleadings are presented determine that the property in question is not properly valued, then he may, in his order, require a bond in an amount double the value of the property in question, as determined by such judge.
Laws, 1975, ch. 508, § 2, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-105 - Form of plaintiff's replevin bond

The plaintiff's bond in replevin shall be in the following form, to-wit:
"Be it known, that we, ____________________, the principal and plaintiff, and ____________________ and ____________________, sureties, agree and bind ourselves to pay to ____________________, the defendant, the sum of $____________________, unless the said principal and plaintiff shall prosecute to effect his replevin action against the defendant for possession of (here describe the property in detail), now to be seized and delivered to the plaintiff; and shall, without delay, return said property to the defendant, if return thereof be adjudged, and shall pay to the defendant such damages as he may sustain by the wrongful suing out of a writ of replevin, and such costs as may be awarded against the plaintiff, and save harmless the officer who seizes and delivers said property to the plaintiff herein; otherwise to be of no force and effect.
WITNESS OUR SIGNATURES, this ____________________ day of ____________________, 2 ____________________.
____________________
____________________
The above bond is approved by me this ____________________ day of ____________________, 2 ____________________.
____________________"
Laws, 1975, ch. 508, § 3, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-107 - Venue

The action of replevin may be instituted in the circuit or county court of a county or in the justice court of a county in which the defendant, or one (1) of several defendants, or property, or some of the property, may be found, and all proper process may be issued to other counties.
Laws, 1975, ch. 508, § 4; Laws, 1981, ch. 471, § 37; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-109 - The writ

The writ of replevin shall command the sheriff, or other lawful officer, to immediately seize and take possession of the property described in the writ and deliver it to the plaintiff after two (2) days, unless bonded by the defendant, and summon the defendant to appear before the court shown in the writ, in termtime or in vacation, and to answer to the action of the plaintiff.
Laws, 1975, ch. 508, § 5, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-111 - Form of the writ

The writ of replevin shall be in the following form, to-wit:
"State of Mississippi
County of ____________________
To the sheriff of any lawful officer of ____________________ County:
We command you to immediately seize and take into your possession (here describe the property as shown in the declaration) alleged by ____________________, the plaintiff, to be wrongfully detained by ____________________, the defendant, and to deliver said property to the plaintiff unless bonded by the defendant; and to summon the said defendant to appear before the ____________________ court of ____________________ County, Mississippi, at ____________________ o'clock ____________________.M., on the ____________________ day of ____________________, 2 ____________________, to answer the suit of the plaintiff for the wrongful detention of said property, and have then and there this writ.
WITNESS MY HAND, this ____________________ day of ____________________, 2 ____________________.
____________________"
Laws, 1975, ch. 508, § 6, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-113 - How writ may be executed

The writ may be executed by seizing the property described therein and summoning the defendant as in other civil actions, with a copy of the declaration and exhibits attached thereto to be attached to said writ, so as to fully inform the defendant as to the claim being made against him.
Laws, 1975, ch. 508, § 7, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-115 - Property restored to defendant on bond

If the defendant shall, within two (2) days from the seizure of the property, enter into bond, with sufficient sureties, to be approved by the officer or the court, payable to the plaintiff, in double the value of the property, conditioned that it shall be forthcoming to satisfy the judgment of the court, the property shall be restored to him pending final judgment.
Laws, 1975, ch. 508, § 8, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-117 - Form of return of officer

The officer's return on such writ may be in the following form, to-wit:
"Executed the within writ, by taking possession of (here describe the property described in the writ which has been seized by the officer) found in the possession of the defendant, and by summoning the defendant (naming him) according to the command of said writ, and I have delivered him a true copy of the writ, declaration and exhibits (or otherwise, as the case may be). The plaintiff (or defendant) having entered into bond, conditioned according to law, I delivered said property to the plaintiff (or defendant) and now return said writ.
This ____________________ day of ____________________, 2 ____________________.
____________________
Sheriff"
Laws, 1975, ch. 508, § 9, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-119 - New bond may be required of plaintiff

If the defendant in a replevin suit shall at any time deem any bond taken to be insufficient, such defendant may, upon filing a motion in the court where the suit is pending, obtain a hearing to determine the sufficiency of such bond. The court shall, after hearing the evidence upon such motion determine the sufficiency or insufficiency of the bond. If the bond given by the plaintiff be adjudged insufficient, the plaintiff shall be required to give a new and sufficient bond, or restore the property to the defendant within the time limited by the court; and, in default thereof, the defendant shall be entitled to proceed and enter judgment as in case the plaintiff had nonsuited or otherwise made default.
Laws, 1975, ch. 508, § 10, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-121 - When property not taken, plaintiff may elect to recover damages

If the return of the officer on the writ shows a failure to take the goods and chattels, but the defendant has been summoned, the plaintiff may declare and prosecute the action for the recovery of the value of the property, and damages for the taking or detention of the property, as if he had thus commenced his action, and the plaintiff and his sureties shall, upon motion, be discharged on their bond.
Laws, 1975, ch. 508, § 11, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-123 - Duplicate, alias, and pluries writs or process, and publication

The plaintiff shall be entitled to duplicate writs or process to other counties, and alias and pluries writs or process to take the property or to summon the defendant, as in other actions. When property shall be taken under the writ, but the defendant cannot be found, the defendant shall be notified by publication, as provided in case of attachment under like circumstances, as provided in Section
11-33-37
, Mississippi Code of 1972, except that said cause may be triable five (5) days after completion of publication.
Laws, 1975, ch. 508, § 12, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-125 - Trial of replevin actions

All replevin actions, whether followed by writ of replevin as herein provided or by summons, as hereinafter provided, shall be triable in termtime or in vacation, and the court or judge having jurisdiction shall proceed at such hearing to a final determination of the rights of the parties to possession, provided at least five (5) days process has been had upon the defendant.
Laws, 1975, ch. 508, § 13, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 37 - REPLEVIN (§§ 11-37-1 — 11-37-157) › Section 11-37-127 - Judgment for plaintiff

If, upon a trial, the judgment shall be for the plaintiff, he shall retain possession of the property delivered to him under the writ of replevin, or if said property has not been found, then the plaintiff shall have a judgment for its value as determined by such hearing, or the value of the plaintiff's interest therein. Upon the entry of a judgment for the plaintiff in such replevin action, the plaintiff and the sureties on his bond shall be fully and finally discharged and said bond cancelled. If the defendant shall have bonded the property after seizure and the judgment shall be for the plaintiff, then such judgment shall be that the defendant shall immediately deliver up said property to the plaintiff, with the defendant and the sureties on his bond to be liable to the plaintiff for any damage to or depreciation in the value of such property from the date of its surrender to the defendant under his bond until the date of its surrender by the defendant in obedience to the judgment of the court, in addition to any other damage the plaintiff may have sustained by reason of the wrongful taking or detention of such property by the defendant, all as determined upon writ of inquiry; or that the plaintiff recover from the defendant and his sureties the value of said property at the date of its return to the defendant under bond.
Laws, 1975, ch. 508, § 14, eff. 4/8/1975.