2017 Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 33 - Attachment at Law Against Debtors
§ 11-33-19. Form of the writ

Universal Citation: MS Code § 11-33-19 (2017)

The writ shall be in the form or to the effect following, to wit:

    • "THE STATE OF MISSISSIPPI

      "To the sheriff or any constable of ____ county, greeting:

      "Whereas, AB (or agent or attorney of AB) hath complained on oath to ____

      one of the judges of the Supreme Court (or other officer as the case may be)

      that CD is justly indebted to the said AB to the amount of ____ and that the

      said CD is a nonresident, etc. (reciting the affidavit) and bond and security

      having been given according to the statute:

      "We therefore command you that you attach the said CD by his estate, re al

      and personal, in your county to the value of the said demand and costs of

      suit, and that you safely keep the same according to law, so as to compel the

      said CD to appear before the ____ court (or before the court of ____, a

      justice court judge of ____ county), to be held at ____, in and for the county

      of ____, on the ____ Monday of ____, to answer the above complaint. And that

      you summon the said CD, if to be found in your county, to appear and answer

      accordingly; and have there then this writ, with your proceedings thereon.

      "Witness my hand, this ____ day of ____, A.D. ____."

The writ shall be signed by the officer granting the same or, if issued by a clerk or his deputy, shall be dated, signed and sealed as other writs; and an attachment shall not be quashed or abated for want of form if the substantial matters expressed in the foregoing precedent be contained therein; and on the demand of the plaintiff said writ may embody a garnishment.

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