Cal. Civ. Code § 89-7-83
Sale of goods stopped without bond.
Operative Text
If the tenant shall make affidavit, before the officer holding his property under an attachment for rent or supplies alleged to be due or to become due, that he does not or will not owe the amount claimed, such officer shall not sell the property, unless it be liable to perish or greatly depreciate, or be expensive to keep, in which case he shall sell it and hold the proceeds to the end of the suit; and he shall return the attachment with the affidavit and a statement of his proceedings to the proper court, and shall summon the party who sued out the attachment to appear there; and further proceedings shall be had as if the tenant had replevied the goods by giving bond. History Codes, 1880, § 1316; 1892, § 2528; 1906, § 2866; Hemingway’s 1917, § 2364; 1930, § 2202; 1942, § 924.
Under Miss. Code Ann. § 89-7-83, when a tenant's property has been seized under a rent or supplies attachment, the tenant has a mechanism to contest the claimed debt without posting a bond. If the tenant swears under oath that the claimed amount is not owed, the seizing officer must halt any sale of the property—unless the property is perishable, likely to lose significant value, or costly to maintain. In those exceptional cases, the officer may sell the property but must hold the proceeds until the dispute is resolved, and the matter is then referred to court as though the tenant had formally replevied the goods by bond.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-83, a landlord who has obtained an attachment for unpaid rent or supplies should be aware that the tenant can file an affidavit disputing the debt and thereby halt the sale of seized property without posting a bond. When such an affidavit is filed, the officer returns the attachment to court and summons the landlord to appear, converting the proceeding into a court dispute. Compliant landlords and their agents generally prepare to substantiate the claimed debt in court once this mechanism is invoked, since the attachment process does not automatically result in a sale when the tenant objects.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-83 gives tenants whose property has been seized under a rent or supplies attachment the right to stop a sale by making a sworn affidavit before the seizing officer stating that the claimed debt is not owed or will not be owed. This affidavit triggers a court proceeding without requiring the tenant to post a bond, and the matter proceeds as if the tenant had formally replevied the goods. Tenants facing an attachment may wish to consult a tenant-rights organization or legal aid provider to understand how this affidavit process works and what rights are available in the resulting court proceeding.
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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