Cal. Civ. Code § 89-7-73
Bond delivered to lessor, and proceedings thereon.
Operative Text
The bond taken for the payment of rent or supplies shall be forthwith delivered to the landlord for whom the distress was made; and if the money be not paid according to the condition, any court having jurisdiction of the amount thereof shall, on motion, award execution against the obligors therein, the bond being filed in the court, and five (5) days’ notice given of the motion. History Codes, Hutchinson’s 1848, ch. 56, art. 5(3); 1857, ch. 41, art. 6; 1871, § 1625; 1880, § 1307; 1892, § 2510; 1906, § 2847; Hemingway’s 1917, § 2345; 1930, § 2197; 1942, § 919.
Under Miss. Code Ann. § 89-7-73, when a distress proceeding is initiated for unpaid rent or supplies, any bond securing that payment must be promptly handed over to the landlord on whose behalf the distress was made. If the obligors named in the bond fail to pay as required, a court with proper jurisdiction over the amount may issue an execution order against them upon motion, provided the bond has been filed with the court and at least five days' notice of the motion has been given. This provision establishes the procedural mechanism by which a landlord can convert an unpaid bond into an enforceable court judgment.
Plain English — not legal advice.
Property owners and managers involved in a distress action under Miss. Code Ann. § 89-7-73 generally ensure that any bond taken for rent or supplies is received and preserved promptly, as it serves as the foundation for later court enforcement. Compliant operators typically maintain records of the bond and are prepared to file it with the appropriate court if payment is not made according to its terms. When pursuing execution, operators generally provide the required five days' notice to the obligors before the court considers the motion.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-73 governs the process by which a landlord may seek court-ordered execution against individuals who signed a bond in a distress proceeding and failed to pay. Tenants or other obligors named in such a bond have the right to receive at least five days' notice before a court acts on a motion for execution, which provides an opportunity to respond or contest the proceeding. Those facing such a motion may wish to consult a tenant-rights organization or legal aid provider to understand available defenses or procedural 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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