Cal. Civ. Code § 89-7-67
Form of the writ.
Operative Text
The writ of attachment for rent and supplies, or either, may be in the following form, viz.: “The State of Mississippi. “To the sheriff or any constable of County, greeting: “Complaint on oath having been made before the undersigned, an acting justice of the peace in and for County, that is indebted to for rent in arrear on the following leased premises [here describe the premises as in the affidavit], in the sum of dollars, and that the said is further indebted to for supplies furnished the said , the tenant, by his landlord, in the sum of dollars additional; and the claim having been made that there is a lien to secure the said debts on the following named agricultural products [here describe the products as in the affidavit], and bond having been given as required by law: “Now, this is to command you that you forthwith seize and take the said agricultural products to an amount sufficient to satisfy the said debts, with interest and costs; and, if there be not a sufficiency of said products so to do, then that you distrain the other goods and chattels of the said , the tenant, so that your whole seizure may be sufficient to satisfy both of said sums, with interest and costs, and that you deal with the same as the law directs. “Witness my hand, the day of , A.D. , J.P.” The above form must be varied so as to conform to the affidavit; and if a lien be not claimed, the command will be in these words: “This is to command you to distrain the goods and chattels of the said , the tenant, to an amount sufficient to satisfy the said demands, with interest and costs, and that you deal with the same as the law directs.” History Codes, 1892, § 2507; 1906, § 2844; Hemingway’s 1917, § 2342; 1930, § 2194; 1942, § 916.
Miss. Code Ann. § 89-7-67 establishes the official template language for a writ of attachment used in Mississippi landlord-tenant disputes involving unpaid rent or supplies furnished to a tenant. The writ, issued by a justice of the peace, directs a sheriff or constable to seize agricultural products subject to a landlord's lien—or, if no lien is claimed, to distrain the tenant's general goods and chattels—in an amount sufficient to cover the debt, interest, and costs. The form must be adapted to match the underlying sworn affidavit, and the command language changes depending on whether a lien on specific agricultural products is being asserted.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-67, a landlord seeking to recover unpaid rent or the cost of supplies through attachment generally ensures that the writ's language mirrors the sworn affidavit exactly, including an accurate description of the leased premises and any agricultural products subject to a lien. Compliant operators confirm that the required bond has been posted before the writ is issued and that the correct command language is used—either the lien-based seizure of agricultural products or the general distraint of goods and chattels, depending on the circumstances. Working with a Mississippi attorney familiar with agricultural landlord-tenant law helps ensure the writ form is properly completed and conforms to the affidavit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-67 governs the form of the legal instrument that can be used to seize a tenant's agricultural products or other goods and chattels when a landlord claims unpaid rent or supply debts. Tenants should be aware that the writ must strictly conform to the underlying affidavit—any mismatch in the description of premises, products, or debt amounts may be a basis for challenging the writ's validity. Tenants facing a writ of attachment may wish to consult a tenant-rights organization or Mississippi attorney to understand available defenses, including whether proper bond was posted and whether the writ's form complies with § 89-7-67.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.