Cal. Civ. Code § 89-7-107
Replevin; when triable, and judgment upon default.
Operative Text
Suits by the tenant or a third person replevying the property, shall be triable at the first term of the court; and in either case, if the party replevying shall make default or fail to prosecute his suit, like judgment shall be entered against him and the sureties on the bond as upon an issue found against him on trial, and a new replevin or writ of second deliverance shall not be allowed. History Codes, Hutchinson’s 1848, ch. 56, art. 5 (17); 1857, ch. 41, art. 13; 1871, § 1632; 1880, § 1320; 1892, § 2535; 1906, § 2873; Hemingway’s 1917, § 2371; 1930, § 2214; 1942, § 936.
Under Miss. Code Ann. § 89-7-107, when a tenant or a third party files a replevin action to recover property subject to a landlord's lien, that lawsuit must be scheduled for hearing at the court's very first available term. If the party who initiated the replevin fails to appear or abandons the suit, the court enters judgment against that party and any sureties who signed the bond, just as if the case had gone to trial and been decided against them. Additionally, the losing party is barred from filing a new replevin action or seeking a writ of second deliverance on the same matter.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-107, landlords who have asserted a lien over a tenant's property may find that property challenged through a replevin action brought by the tenant or a third party. Operators familiar with this provision understand that such suits move quickly—being triable at the first court term—so prompt attention to any replevin filing is important. If the replevying party defaults or fails to prosecute, the law provides that judgment runs against that party and their sureties, and no second replevin attempt is permitted, which can effectively confirm the landlord's lien position.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-107 governs the procedural rights of tenants or third parties who seek to recover property through a replevin action. Tenants should be aware that this type of suit is placed on an expedited schedule, set for hearing at the first court term, meaning there is little time to prepare after filing. Critically, if a tenant who has filed a replevin action fails to appear or pursue the case, a judgment is entered against them and any bond sureties, and the law forecloses any further replevin attempt—making it important to consult a tenant-rights organization or legal aid resource before initiating or abandoning such a proceeding.
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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