2010 Mississippi Code
TITLE 11 - CIVIL PRACTICE AND PROCEDURE
Chapter 35 - Garnishment.
11-35-33 - Garnishee may claim exemptions.
§ 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.
Sources: Codes, 1892, § 2139; 1906, § 2346; Hemingway's 1917, § 1941; 1930, § 1847; 1942, § 2799.
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