Cal. Civ. Code § 89-7-121
Form of affidavit by third person.
Operative Text
The affidavit by a third person claiming property distrained or seized for rent or supplies may be in the following form, to wit: “State of Mississippi, County. “Before me, , a justice of the peace of the said county, makes oath that certain property to wit: eight bales of cotton [or whatever the property may be], distrained for rent by , a constable of said county, by virtue of an attachment for rent in favor of against , are the property of affiant and not the property of , nor held in trust for his use, in any manner whatsoever; and are not liable to such distress. “Sworn to and subscribed before me, the day of , A.D. “, J.P.” History Codes, 1892, § 2532; 1906, § 2870; Hemingway’s 1917, § 2368; 1930, § 2221; 1942, § 943.
Mississippi Code Ann. § 89-7-121 establishes an approved template for a sworn affidavit that a third party may use when claiming ownership of property that has been seized or distrained in connection with a rent dispute. The form allows someone who is not the tenant to formally assert, under oath before a justice of the peace, that the distrained property belongs to them and is not held in trust for the tenant's benefit. By providing this standardized language, the statute creates a recognized procedural pathway for resolving ownership disputes over seized property.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-121, landlords pursuing a distraint action for unpaid rent should be aware that third parties may intervene by filing a sworn affidavit asserting ownership of any seized property. A compliant operator generally keeps clear records of which property belongs to the tenant versus any third parties, since a properly executed third-party affidavit can challenge the validity of the distraint. Understanding this provision helps property owners anticipate potential ownership disputes before initiating or continuing a distraint proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-121 is particularly relevant when property belonging to someone other than the tenant has been seized during a rent distraint action. That third party has a recognized right under this provision to file a sworn affidavit before a justice of the peace, using the statutory form, to assert their ownership and contest the seizure. Individuals in this situation may benefit from consulting a tenant-rights organization or legal aid office familiar with Mississippi landlord-tenant procedures to understand how this affidavit process works in practice.
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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