Cal. Civ. Code § 89-7-59
Before whom complaint made.
Operative Text
Such complaint and bond may be made before any justice of the peace of the county in which the leased premises, or some part thereof, may be situated, or of any county in which the property, or some part thereof, sought to be distrained or seized may be found. History Codes, 1892, § 2503; 1906, § 2840; Hemingway’s 1917, § 2338; 1930, § 2190; 1942, § 912.
Mississippi Code § 89-7-59 establishes which judicial officers have authority to receive a landlord's distress complaint and bond. Specifically, the complaint may be filed before a justice of the peace in the county where the leased property is located, or in any county where the property targeted for distraint or seizure can be found. This rule is essentially a venue provision, defining the geographic and jurisdictional scope for initiating a distress action rather than setting out substantive rights or obligations.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-59, a landlord initiating a distress action generally files the complaint and bond with a justice of the peace in the appropriate county — either where the leased premises are situated or where the property to be distrained is located. Compliant operators typically confirm the correct county and judicial officer before submitting paperwork to avoid procedural missteps. Familiarity with this venue rule helps ensure that a distress proceeding is not dismissed on jurisdictional grounds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-59 governs where a landlord's distress complaint must be filed, which can be relevant if a tenant believes a distress action was initiated in the wrong county or before an officer without proper authority. A tenant who believes the procedural requirements of this provision were not followed may have grounds to raise that issue as a defense in the proceeding. Tenant-rights organizations or legal aid services can help explain how venue and jurisdictional rules under § 89-7-59 might apply to a particular distress action.
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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