Cal. Civ. Code § 11-25-113
Judgment for plaintiff.
Operative Text
If the finding be for the plaintiff, the judge of the county court shall render judgment in favor of the plaintiff, that he recover possession of the land, with costs, and shall award a writ of habere facias possessionem, and said judge may issue alias writs and enforce the judgment and may punish for contempt of process thereon; provided, however, that a writ of habere facias possessionem or execution shall not issue within five days from the date of judgment. History Codes, 1942, § 1055; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Under Miss. Code Ann. tit. 11, ch. 25 § 11-25-113, when a county court judge rules in favor of the plaintiff in an eviction or possession proceeding, the court enters a judgment awarding the plaintiff recovery of the property along with court costs. The court is authorized to issue a writ of habere facias possessionem — a formal court order directing that possession be transferred — as well as follow-up alias writs if needed, and may enforce compliance through contempt powers. Importantly, the statute imposes a mandatory waiting period: no writ of possession or execution may be issued until at least five days after the judgment is entered.
Plain English — not legal advice.
Property owners or managers who prevail in a Mississippi county court possession action under § 11-25-113 should be aware that the court's judgment will include an award of possession and costs, but the actual writ directing transfer of possession cannot be issued for at least five days following the judgment date. Compliant operators generally allow this statutory waiting period to run before taking any steps to enforce physical possession. If a tenant does not vacate after the writ issues, the court retains authority to issue additional alias writs and to enforce its orders through contempt proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 11-25-113, even after a county court judge enters a judgment against a tenant in a possession case, Mississippi law provides a mandatory five-day window before any writ of possession or execution can legally issue. This built-in period gives occupants a brief interval before enforcement action can begin. Tenants facing a judgment in a possession proceeding may wish to consult a tenant-rights organization or legal aid provider to understand what options, if any, are available during or after that five-day period.
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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