Cal. Civ. Code § 11-25-23
Judgment for plaintiff and writ of possession.
Operative Text
If the finding be for the plaintiff, the justice court judge 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 the justice court judge may issue alias writs and enforce the judgment and punish for contempt of process thereon; but a writ of habere facias possessionem or execution shall not issue within five (5) days from the date of the judgment. History Codes, Hutchinson’s 1848, ch. 56, art. 7(15); 1857, ch. 42, art. 16; 1871, § 1591; 1880, § 2654; 1892, § 4471; 1906, § 5050; Hemingway’s 1917, § 3322; 1930, § 3467; 1942, § 1044; Laws, 1982, ch. 423, § 23.
Under Miss. Code Ann. § 11-25-23, when a justice court judge rules in favor of a plaintiff in an eviction or possession case, the court enters a judgment awarding the plaintiff recovery of the property along with court costs, and issues a formal writ of possession known as a writ of habere facias possessionem. The court retains authority to issue additional writs and to enforce its judgment, including through contempt proceedings. However, the writ of possession or any execution on the judgment cannot be carried out until at least five days after the judgment is entered, providing a brief window before physical enforcement begins.
Plain English — not legal advice.
Under Miss. Code Ann. § 11-25-23, a landlord who prevails in a justice court possession action is entitled to a court-issued writ directing the return of the property, along with recovery of court costs. Compliant operators are generally aware that even after a favorable judgment, the writ of possession cannot be executed until the mandatory five-day waiting period has elapsed. Attempting to retake possession before that period expires, rather than waiting for lawful court enforcement, falls outside the process this provision establishes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 11-25-23 establishes that even after a justice court judge rules against a tenant in a possession case, the writ authorizing physical removal cannot be enforced for at least five days from the date of judgment. This five-day period may provide time for a tenant to explore options such as satisfying the underlying claim, seeking a review of the judgment, or contacting a tenant-rights organization for information about next steps. Tenants who believe the judgment was entered in error may wish to look into available court processes, and local legal aid organizations can be a resource for understanding those options.
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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