Cal. Civ. Code § 89-7-75
Remedy when claim not due in certain cases.
Operative Text
When any landlord or lessor shall have just cause to suspect, and shall verily believe, that his tenant will remove his agricultural products on which there is a lien, or any part thereof, from the leased premises to any other place before the expiration of his term, or before the rent or claim for supplies will fall due, or that he will remove his other effects, so that distress cannot be made, the landlord or lessor, in either case, on making oath thereof, and of the amount the tenant is to pay, and at what time the same will fall due, and giving bond, as required were the debt due, may, in like manner, obtain an attachment against the goods and chattels of such tenant; and the officer making the distress shall give notice thereof, and advertise the property distrained or seized for sale. If the tenant shall not, before the time appointed for sale, give bond, with sufficient sureties, in double the amount of the rent or other demand, payable to the plaintiff, conditioned for the payment of the sum due at the time it shall fall due, with costs, the goods distrained or seized, or so much thereof as may be necessary, shall be sold by the officer, at public sale, to the highest bidder, for cash, and out of the proceeds of the sale he shall pay the costs, and shall pay to the plaintiff the amount owing to him, deducting interest for the time until the same shall become due. History Codes, Hutchinson’s 1848, ch. 56, art. 5(7); 1857, ch. 42, art. 3; 1871, § 1622; 1880, § 1304; 1892, § 2511; 1906, § 2848; Hemingway’s 1917, § 2346; 1930, § 2198; 1942, § 920.
Mississippi Code § 89-7-75 establishes a legal mechanism allowing a landlord or lessor to act before rent or supply claims actually come due, when there is a genuine, sworn belief that a tenant is about to remove agricultural products subject to a lien—or other property—from the leased premises in a way that would frustrate collection. Upon filing an oath and posting a bond, the landlord may obtain an attachment against the tenant's goods and chattels, which an officer then seizes and advertises for sale. If the tenant does not post a counter-bond in double the disputed amount before the scheduled sale, the seized property may be sold at public auction, with proceeds applied first to costs and then to the landlord's claim, minus any interest for the time remaining until the debt would have been due.
Plain English — not legal advice.
Operators dealing with agricultural leases in Mississippi should be aware that § 89-7-75 provides a pre-due-date remedy, but it carries significant procedural requirements: a sworn oath stating the basis for suspicion and the amount owed, plus a bond equivalent to what would be required if the debt were already due. Compliant use of this remedy means working through the proper legal channels—typically engaging the court and an authorized officer—rather than taking self-help action. Because the statute involves sworn statements and bond obligations, landlords who pursue this remedy generally do so with the assistance of legal counsel familiar with Mississippi landlord-tenant law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Miss. Code Ann. § 89-7-75, a tenant whose goods have been seized under this pre-due-date attachment process has a meaningful opportunity to halt a sale by posting a counter-bond in double the amount of the rent or other demand before the sale date. Tenants who believe an attachment was improperly obtained—for example, that the landlord lacked genuine cause or failed to meet the oath and bond requirements—may have grounds to challenge the proceeding. Consulting a tenant-rights organization or an attorney familiar with Mississippi landlord-tenant law can help a tenant understand the options available 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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