Cal. Civ. Code § 89-7-63
Form of affidavit.
Operative Text
The affidavit for an attachment for rent and supplies, or either, may be in the following form, viz.: “State of Mississippi, County. “Before me, , a justice of the peace of the County of , came , who, being duly sworn, says on oath: That [the tenant] is indebted to him [or if the affidavit be made by an agent or attorney, strike out ‘him’ and insert the name of the landlord or person to whom the rent is due, and add after the landlord’s name, ‘of whom the affiant is agent’] in the sum of dollars for rent in arrears [or if the rent be not due, strike out the words ‘in arrears,’ and insert ‘to become due on the day of , A.D. ’] by virtue of a lease for the term commencing on the day of , A.D. , and ending on the day of , A.D. of land situated in County, and described as [here describe the leased premises; it is well to describe by name, if it has one, or by its occupants, and if such be the case it would be well to say ‘and occupied by said , tenant, during the year ’]. “And the said , the tenant, is further indebted to affiant [or if the oath be made by an agent or attorney, strike out ‘affiant’ and insert the name of the landlord or person to whom the debt is due] in the further sum of dollars, now due [if the debt be not due, strike out the words ‘now due,’ and insert ‘to become due on the day of , A.D.’] of which supplies a bill of particulars is attached hereto. Affiant [or if made by an agent or attorney, say ‘affiant’s said principal’] claims a lie the following agricultural products raised during the year , on the said leased premises [here describe the products, giving their location, if known, for the officer’s guidance]. “Sworn to and subscribed before me, this the day of , A.D. , J.P.” (a) If the attachment be for rent only, strike out all relating to supplies; and if the claim be for supplies only, strike out all relating to the sum due for rent, and alter the form to suit the case. (b) If the claim be not due, add to the form the following words: “And affiant has just cause to suspect, and does verily believe that the said tenant will remove [or has removed, as the case may be] his effects from said leased premises before said claim [or claims] be or shall become due, so that a distress or seizure cannot be made therefor, or so as to impair the landlord’s lien on the agricultural products raised on the premises.” (c) If the rent be for part of the crop, or other thing than money, the affidavit should state it as it is, giving the money value of what is due. History Codes, 1892, § 2505; 1906, § 2842; Hemingway’s 1917, § 2340; 1930, § 2192; 1942, § 914.
Mississippi Code Ann. § 89-7-63 establishes the official template form for an affidavit used to initiate an attachment proceeding for unpaid rent, supplies, or both. The form requires sworn statements identifying the tenant, the amount owed, the lease term, and a description of the leased premises, with specific instructions for adapting the language depending on whether the claim is for rent, supplies, or a combination. Additional language is provided for situations where the debt is not yet due but the landlord has reason to believe the tenant may remove property before the claim can be collected.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-63, a landlord seeking to attach property for unpaid rent or supplies generally prepares a sworn affidavit that follows the statutory template, filling in the tenant's name, the amount owed, the lease dates, and a description of the leased premises. Compliant operators take care to use the correct version of the form—striking out inapplicable language for rent-only or supply-only claims, and adding the suspicion-of-removal language when the debt has not yet come due. When rent is owed in the form of a crop share or non-monetary consideration, the affidavit should state the arrangement and include its estimated monetary value.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-63 governs the specific sworn document a landlord must file to begin an attachment action against a tenant's property for alleged unpaid rent or supplies. Tenants should be aware that this affidavit must conform to the statutory form requirements, including accurate descriptions of the lease, the amount claimed, and the premises—deficiencies in the affidavit may be relevant to any legal response. Tenants facing an attachment proceeding may wish to review the filed affidavit for compliance with § 89-7-63 and consult a tenant-rights organization or legal aid provider 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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