Cal. Civ. Code § 89-7-101
The avowry.
Operative Text
The avowry shall be substantially to the following effect, to wit: “Thomas East v. Circuit court, County. William West. “And now comes the defendant, William West, and for plea to plaintiff’s declaration he says: True it is that he caused the property described in the plaintiff’s declaration to be seized; but the seizure was not wrongful, because he says that before the said seizure defendant was the plaintiff’s landlord; that he, the defendant, as landlord, leased to the plaintiff, as tenant, certain premises in said county, to wit: [here describe the leased premises] for the term beginning on the day of , A.D. , and ending on the day of , A.D. ; that at the time of the said seizure the plaintiff, as tenant, was indebted to defendant, as landlord, in the sum of dollars, for rent of said premises and for supplies furnished his said tenant by this defendant [or for rent alone or supplies alone, as the case may be]. An itemized account or statement of said indebtedness is herewith filed [or the note or writing evidencing said debt, as the case may be], and the said debt became due on the day of , A.D. , and the said seizure was made to satisfy the sum so due; and this the defendant is ready to verify.” If the avowry be for a sum to become due, strike out from the form all after the last parenthesis, and insert in lieu thereof the following, viz.: “Which said indebtedness will become due on the day of , A.D. , and defendant had just cause to suspect, and verily believed, that the plaintiff would remove his effects, or some part of the agricultural products raised thereon, from the leased premises before the expiration of his term, or before the said debt would become due, so that distress could not be made, and the said seizure was made to satisfy the said sum. This the defendant is ready to verify.” History Codes, 1892, § 2524; 1906, § 2862; Hemingway’s 1917, § 2360; 1930, § 2211; 1942, § 933.
Mississippi Code Ann. § 89-7-101 establishes the required legal form—called an 'avowry'—that a landlord must use when defending a distress (seizure of a tenant's property) action in circuit court. The avowry is a formal pleading in which the landlord acknowledges the seizure but justifies it by asserting the existence of a landlord-tenant relationship and an outstanding debt for rent or supplies. A separate version of the form applies when the debt has not yet come due but the landlord had reasonable cause to believe the tenant would remove property from the premises before payment could be collected.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-101, a landlord who has seized a tenant's property to satisfy unpaid rent or the cost of supplies furnished must file an avowry in circuit court that substantially follows the statutory form. A compliant avowry identifies the parties, describes the leased premises and term, itemizes the debt or attaches the relevant note or writing, and states the date the debt became due. When the seizure is based on a debt not yet due, the avowry must instead include language showing the landlord had just cause to suspect the tenant would remove effects before the debt matured.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-101 governs the specific pleading a landlord must file to legally justify a distress seizure of a tenant's property, and a landlord's failure to file an avowry that substantially conforms to the statutory form may be raised as a defense in the circuit court proceeding. Tenants who believe a seizure was made without a proper avowry, or that the stated debt is inaccurate or unsupported by the required itemized account or written evidence, have grounds to contest the action in court. Tenant-rights organizations and legal aid services can help tenants understand how this procedural requirement applies 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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.