Cal. Civ. Code § 89-7-57
How obtained.
Operative Text
To obtain the attachment or distress, the party entitled thereto, his agent or attorney, shall make complaint on oath before a justice court judge averring the facts which entitle the party seeking it to the remedy; and, if anything is demanded on account of supplies, there shall be filed with the complaint an itemized bill of particulars thereof. The complainant shall enter into bond with sufficient sureties, payable to the tenant, his executor or administrator, in a penalty equal to double the sum claimed to be due, conditioned to pay all damages as may be sustained by the obligee by the wrongful suing out of the writ, and all costs that may be awarded against the principal obligor. History Codes, 1892, § 2502; 1906, § 2839; Hemingway’s 1917, § 2337; 1930, § 2189; 1942, § 911; Laws, 2015, ch. 395, § 6, eff from and after July 1, 2015.
Under Miss. Code Ann. § 89-7-57, a landlord who wishes to pursue an attachment or distress remedy against a tenant must first file a sworn complaint before a justice court judge, setting out the factual basis for the claim. If the claim includes charges for supplies, an itemized bill must accompany the complaint. Before the writ can issue, the landlord must post a bond equal to twice the amount claimed, which serves as security for the tenant in case the writ is later found to have been wrongfully obtained.
Plain English — not legal advice.
Operators seeking to use the attachment or distress remedy under Miss. Code Ann. § 89-7-57 generally ensure that their sworn complaint before a justice court judge clearly states all facts supporting the claim, and that any supply-related charges are accompanied by an itemized bill of particulars. A compliant operator also arranges for a bond with sufficient sureties in an amount equal to double the sum claimed before the writ is issued. Because the bond is payable to the tenant and covers damages from a wrongful writ as well as any awarded costs, operators typically verify the strength of their factual basis before initiating this process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-57 provides tenants with a meaningful financial protection: before a landlord can obtain an attachment or distress writ, the landlord must post a bond worth twice the claimed amount, payable to the tenant or the tenant's estate, to cover any damages caused by a wrongfully issued writ. If a writ is obtained improperly or without adequate factual basis, a tenant may have grounds to seek recovery against that bond. Tenants who believe an attachment or distress action has been pursued against them without proper compliance with this section may wish to consult a tenant-rights organization or legal aid office to understand available options.
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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