2017 Mississippi Code
Title 89 - Real and Personal Property
Chapter 7 - Landlord and Tenant
§ 89-7-67. Form of the writ

Universal Citation: MS Code § 89-7-67 (2017)

The writ of attachment for rent and supplies, or either, may be in the following form, viz.:

    • "The State of Mississippi.

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

      "Complaint on oath having been made before the undersigned, an acting

      justice of the peace in and for ____ County, that ____ is indebted to ____ for

      rent in arrear on the following leased premises [here describe the premises as

      in the affidavit], in the sum of ____ dollars, and that the said ____ is

      further indebted to ____ for supplies furnished the said ____, the tenant, by

      his landlord, in the sum of ____ dollars additional; and the claim having been

      made that there is a lien to secure the said debts on the following named

      agricultural products [here describe the products as in the affidavit], and

      bond having been given as required by law:

      "Now, this is to command you that you forthwith seize and take the said

      agricultural products to an amount sufficient to satisfy the said debts, with

      interest and costs; and, if there be not a sufficiency of said products so to

      do, then that you distrain the other goods and chattels of the said ____, the

      tenant, so that your whole seizure may be sufficient to satisfy both of said

      sums, with interest and costs, and that you deal with the same as the law

      directs.

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

      ____, J.P."

The above form must be varied so as to conform to the affidavit; and if a lien be not claimed, the command will be in these words:

"This is to command you to distrain the goods and chattels of the said ____, the tenant, to an amount sufficient to satisfy the said demands, with interest and costs, and that you deal with the same as the law directs."

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