Cal. Civ. Code § 89-7-87
Irregularities not to affect distress.
Operative Text
When any distress or seizure shall be made for rent or supplies justly due, and any irregularity or unlawful act shall afterwards be done by the officer distraining or seizing, the distress or seizure shall not, for that reason, be unlawful, nor the officer making or seizing it, or the party at whose instance the writ was issued, become a trespasser from the beginning, but the party aggrieved by such irregularity or unlawful act, may recover the special damage he may have sustained thereby. However, an action shall not be sustained if tender of amends be made by the party distraining before suit is brought. History Codes, 1880, § 1310; 1892, § 2516; 1906, § 2854; Hemingway’s 1917, § 2352; 1930, § 2204; 1942, § 926.
Mississippi Code § 89-7-87 addresses situations where a lawful distress or seizure for rent or supplies is followed by some procedural irregularity or unlawful act by the seizing officer. Under this rule, that subsequent misconduct does not retroactively invalidate the original distress or transform the officer or the party who requested the writ into a trespasser from the outset. Instead, the person harmed by the irregularity may seek compensation limited to the specific damages actually caused by that misconduct. However, if the distraining party offers adequate amends before a lawsuit is filed, no legal action may proceed on that basis.
Plain English — not legal advice.
Property owners and managers who initiate a distress or seizure for unpaid rent under Mississippi law should be aware that § 89-7-87 provides a degree of protection when procedural errors occur after a lawful seizure begins. Compliant operators generally ensure that the underlying debt is genuinely owed before proceeding, since the provision's protections apply only when the original distress is for rent or supplies 'justly due.' Landlords who become aware of an irregularity in the process typically consider making a timely tender of amends before any suit is filed, as § 89-7-87 expressly bars a legal action when such an offer is made in advance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants or other parties harmed by an irregularity or unlawful act that occurs during an otherwise lawful distress proceeding have a right under Miss. Code Ann. § 89-7-87 to recover the specific damages caused by that misconduct, even though the original seizure itself remains valid. This provision means that procedural errors or unlawful conduct by the seizing officer do not go without a remedy, but the remedy is limited to the actual harm flowing from the irregularity rather than a challenge to the entire distress. Tenants who believe they have suffered such harm may wish to consult a tenant-rights organization or legal aid office to understand what documentation of damages may be relevant and what options exist before any tender of amends is offered by the other side.
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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