Cal. Civ. Code § 89-7-123
Proceedings to be as in replevin by tenant.
Operative Text
The affidavit may be made before the officer having the property, and he shall make return of it and of the bond, if any, and the attachment papers, and summon the other party, as required in case of a replevin by the tenant; and the claimant replevying the property shall prosecute his suit against the party in whose name or right it was attached, in all respects as the tenant is required to do; and the pleadings and proceedings shall be conformed so as to present the proper issues. History Codes, 1857, ch. 41, art. 12; 1871, § 1631; 1880, § 1318; 1892, § 2533; 1906, § 2871; Hemingway’s 1917, § 2360; 1930, § 2222; 1942, § 944.
Mississippi Code § 89-7-123 governs the procedural mechanics when a third-party claimant seeks to replevy (reclaim) property that has been attached in a landlord-tenant dispute. Under this provision, the process mirrors what is already required when a tenant initiates a replevin action: an affidavit is filed before the officer holding the property, a bond may be required, and the other party is formally summoned. The claimant then pursues the suit against the party in whose name the attachment was made, with pleadings adjusted as needed to frame the correct legal issues.
Plain English — not legal advice.
Property owners and managers dealing with attachment proceedings under Miss. Code Ann. § 89-7-123 should be aware that a third party may step in and replevy attached property by following the same procedural steps required of a tenant in a replevin action. A compliant operator generally keeps thorough records of any attached property and the parties involved, so that if a claimant initiates such proceedings, the return of the affidavit, bond, and attachment papers can be properly addressed. Understanding that the claimant will prosecute the suit against the party named in the attachment helps landlords anticipate the procedural posture of any resulting litigation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Miss. Code Ann. § 89-7-123, tenants and other claimants have a recognized procedural path to contest an attachment of property by initiating a replevin-style action, including filing an affidavit and, if required, posting a bond. The provision ensures that pleadings are shaped to present the real disputes at issue, giving claimants a structured forum to assert their rights to the property. Tenants who believe property has been improperly attached may wish to consult a tenant-rights organization or legal aid office familiar with Mississippi replevin procedures to understand what steps are generally available 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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