Cal. Civ. Code § 89-7-69
Goods sold if not replevied.
Operative Text
The officer making a distress or seizure shall give notice thereof, with the cause of taking, to the tenant or his representative in person if found, or if not found, by leaving the notice at the dwelling house or other conspicuous place on the premises charged with the rent distrained for, and shall immediately advertise the property distrained or seized for sale as if under execution; and if the tenant or owner of the goods distrained or seized shall not, before the time appointed for the sale, replevy the same by giving bond with sufficient sureties, to be approved by such officer, payable to the plaintiff in the attachment, in double the amount claimed, conditioned for the payment of the sum demanded, with lawful interest for the same, and costs, at the end of three (3) months after making the distress, the officer shall sell the goods and chattels distrained or seized at public sale to the highest bidder for cash, and shall, out of the proceeds of the sale, pay the costs of the proceedings, and shall pay to the plaintiff the amount of his demand, with interest. History Codes, Hutchinson’s 1848, ch. 56, art. 5(2); 1857, ch. 41, art. 2; 1871, § 1621; 1880, § 1303; 1892, § 2508; 1906, § 2845; Hemingway’s 1917, § 2343; 1930, § 2195; 1942, § 917; Laws, 2015, ch. 395, § 8, eff from and after July 1, 2015.
Under Miss. Code Ann. § 89-7-69, when a distress or seizure of a tenant's goods is carried out to satisfy unpaid rent, the officer conducting the seizure must notify the tenant—either in person or by leaving notice at the premises—and promptly advertise the property for public sale. The tenant or owner of the seized goods has an opportunity to reclaim the property before the scheduled sale by posting a bond in double the amount claimed, with sufficient sureties. If no such bond is posted in time, the officer sells the goods at public auction to the highest cash bidder and uses the proceeds to cover costs and satisfy the landlord's rent claim with interest.
Plain English — not legal advice.
Landlords pursuing a distress action under Miss. Code Ann. § 89-7-69 should understand that the process is carried out by a legal officer, not the landlord personally, and that strict procedural steps govern how notice is given and how property is advertised for sale. A compliant landlord ensures that the attachment proceeding names the correct plaintiff and that the claimed amount is accurately stated, since the bond amount and ultimate sale proceeds are tied directly to the demand figure. Landlords generally work with legal counsel familiar with Mississippi distress procedures to ensure the process is followed correctly and that any proceeds are properly applied to costs and the outstanding rent obligation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Miss. Code Ann. § 89-7-69, a tenant whose goods have been seized in a distress action has the right to reclaim that property before the scheduled sale by posting a replevy bond—set at double the amount claimed—with sureties approved by the officer. Tenants who believe the distress was improper or the claimed amount is incorrect may have grounds to challenge the proceeding, and tenant-rights organizations or legal aid services can help explain available options. Keeping records of rent payments and any communications with the landlord can be important if a tenant needs to contest the basis for the distress action under this provision.
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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