Cal. Civ. Code § 89-7-111
Judgment if trial results against lessor.
Operative Text
If the trial of suit result in favor of the party replevying the property, the judgment shall be that he retain it, and recover of the party in whose name or right such distress was sued out damages for the wrongful suing out of the attachment. Thereupon scire facias may be issued to the sureties on the attachment-bond to appear at the next term of the court to show cause against a judgment being given against them for the amount of the judgment for damages against their principal, not to exceed the penalty of their bond; and if cause be not affirmatively shown, judgment shall be rendered against them. History Codes, 1880, § 1315; 1892, § 2527; 1906, § 2864; Hemingway’s 1917, § 2363; 1930, § 2216; 1942, § 938.
Mississippi Code § 89-7-111 governs what happens when a tenant wins a lawsuit challenging a landlord's distress (seizure of property for unpaid rent). Under this provision, a successful tenant is entitled to keep the replevied property and receive a damages award against the landlord for wrongfully initiating the attachment. The landlord's sureties—those who co-signed the attachment bond—can then be summoned to court and held liable for those damages up to the limit of the bond amount if they cannot show cause against the judgment.
Plain English — not legal advice.
Property owners and managers in Mississippi who pursue a distress action under Miss. Code Ann. § 89-7-111 should be aware that an unsuccessful distress claim exposes them to a damages award in favor of the tenant for wrongful attachment. Compliant operators generally ensure that any distress action is legally justified before proceeding, and they understand that the sureties on any attachment bond they file may also face financial liability if the action fails. Maintaining thorough documentation of the basis for a distress claim is a practice commonly associated with lawful operation under this chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Miss. Code Ann. § 89-7-111, a tenant who successfully challenges a landlord's distress action in court has the right to retain the replevied property and recover damages for the wrongful suing out of the attachment. Tenants who believe a distress action was improperly initiated may raise this provision as part of their defense in the replevin proceeding. Consulting a tenant-rights organization or legal aid office familiar with Mississippi landlord-tenant law can help tenants understand the procedural steps available to them under this section.
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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