Cal. Civ. Code § 11-25-109
Execution of warrant.
Operative Text
The warrant shall be directed to the sheriff, or any constable of the county, and shall be made returnable to the first term of the county court held after the issuance of the said warrant, unless it shall be issued more than ten days before the said term of court when it may be made returnable before the judge of the county court at the usual place of holding the county court at a day to be named not more than ten days, or less than five days, after the date of issuance of the said warrant; and the cause shall be triable at such term, or before the judge in vacation, (if so returnable), on the day therein, provided the defendant has been served with process at least five days before the return day of writ. History Codes, 1942, § 1053; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Miss. Code Ann. tit. 11, ch. 25 § 11-25-109 governs how an eviction warrant is directed and scheduled once issued in Mississippi. The warrant is addressed to the county sheriff or a constable, and it must be made returnable to the next county court term—unless it is issued more than ten days before that term, in which case it may instead be set for a hearing before the county court judge within a window of five to ten days from issuance. The case can be heard at the scheduled court term or before the judge during a court vacation period, provided the defendant has received service of process at least five days before the return date.
Plain English — not legal advice.
Under Miss. Code Ann. tit. 11, ch. 25 § 11-25-109, landlords pursuing an eviction through the county court warrant process should be aware that the warrant's return date is set according to specific timing rules tied to the county court calendar. Operators generally ensure that service of process is completed on the tenant at least five days before the return date, as the case cannot proceed to hearing without that minimum notice period being satisfied. Familiarity with the local county court's term schedule helps landlords and their representatives anticipate whether the matter will be heard at a regular court term or before the judge in vacation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. tit. 11, ch. 25 § 11-25-109 establishes that a tenant facing an eviction warrant must be served with process at least five days before the scheduled return date, which is a procedural protection built into the law. If a tenant believes they were not properly served within that timeframe, that procedural issue may be relevant to how the case proceeds in county court. Tenants who receive an eviction warrant may benefit from contacting a local tenant-rights organization or legal aid office to understand how the timing and service requirements under this provision apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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