Cal. Civ. Code § 89-7-85
Distress to be reasonable, and property seized not to be removed from county.
Operative Text
It shall not be lawful for any officer who may execute an attachment for rent or supplies to remove the property distrained or seized out of the county where the distress or seizure was made; and if any officer or other person shall so remove any property distrained or seized, he shall pay to the party aggrieved double the value of the property removed, to be recovered in an action. And, moreover, distresses and seizures shall in all cases be reasonable and not too great; and any officer who shall make an unreasonable distress or seizure, under color of law, shall be liable to the party aggrieved for double damages. History Codes, Hutchinson’s 1848, ch. 56, art. 5(23); 1857, ch. 41, art. 8; 1871, § 1627; 1880, § 1309; 1892, § 2515; 1906, § 2853; Hemingway’s 1917, § 2351; 1930, § 2203; 1942, § 925.
Under Miss. Code Ann. § 89-7-85, when a landlord pursues a distress or attachment action for unpaid rent or supplies, any officer carrying out the seizure is prohibited from moving the seized property outside the county where it was taken. The law also requires that all distress actions be proportionate and not excessive. If property is wrongfully removed from the county, or if a seizure is unreasonably large, the responsible party may be held liable for double the value of the property or double damages to the aggrieved party.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-85, landlords who initiate a distress or attachment proceeding for unpaid rent should be aware that the officers executing such actions are legally bound to keep seized property within the county of seizure. Compliant operators generally ensure that any distress action is proportionate to the amount owed, avoiding seizures that could be characterized as excessive. Landlords may face exposure to double-damages claims if an officer acting on their behalf removes property from the county or conducts an unreasonably broad seizure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-85 provides tenants with important protections when a landlord pursues a distress or attachment action: seized property cannot lawfully be moved out of the county, and the seizure itself must be reasonable in scope. If a tenant believes property was removed from the county or that the distress was excessive, the statute provides a basis for recovering double the value of the removed property or double damages through a civil action. Tenants who believe these protections have been violated may wish to consult a tenant-rights organization or legal aid provider to 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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