Cal. Civ. Code § 89-7-61
Writ.
Operative Text
When the complaint has been made and bond given and approved by the justice court judge, it shall be his duty to issue a distress warrant or attachment-writ, commanding the seizure of the agricultural products, if any, upon which the party instituting the proceedings shall have claimed a lien, and also commanding the officer to distrain the goods and chattels other than the agricultural products of the tenant, if necessary, and deal with the same as provided by law; the entire seizure and distraint to be of value sufficient to satisfy the sum demanded with interest and costs. History Codes, 1892, § 2504; 1906, § 2841; Hemingway’s 1917, § 2339; 1930, § 2191; 1942, § 913; Laws, 2015, ch. 395, § 7, eff from and after July 1, 2015.
Mississippi Code § 89-7-61 establishes the mechanism by which a court-authorized distress warrant or attachment-writ is issued in agricultural landlord-tenant disputes. Once a complaint is filed and a bond is reviewed and approved by a justice court judge, the judge is required to issue a writ directing an officer to seize the tenant's agricultural products subject to a claimed lien, and if necessary, to also seize other goods and chattels belonging to the tenant. The total value of property seized must be sufficient to cover the amount demanded, plus interest and costs.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-61, a landlord pursuing a distress action in an agricultural tenancy must first file a complaint and post a bond that the justice court judge finds acceptable before any seizure can occur. Compliant operators in this process ensure their claimed lien on agricultural products is clearly documented and that the bond accurately reflects the sum demanded, including anticipated interest and costs. The writ, once issued, directs an officer to carry out the seizure, so landlords generally work with the court to ensure the process is properly initiated rather than taking self-help measures.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-61 means that before any of a tenant's agricultural products or other goods and chattels can be seized under a distress action, a justice court judge must have reviewed and approved a bond posted by the landlord and formally issued a writ. Tenants should be aware that the seizure is limited to property of sufficient value to satisfy the claimed debt, interest, and costs, and that the process is court-supervised rather than a unilateral landlord action. Tenants who believe a distress warrant has been improperly issued or that the seizure exceeds what the law allows may have grounds to raise that as a defense in justice court or seek guidance from a tenant-rights organization familiar with Mississippi agricultural tenancy law.
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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