Cal. Civ. Code § 89-7-89
How goods replevied.
Operative Text
The tenant, his executor or administrator, may replevy the agricultural products or other property distrained, at any time before the sale thereof, by giving bond with one or more sufficient sureties, to be approved by the officer in whose custody the property may be, payable to the party in whose name or right the distress or seizure was made, in a penalty double the amount distrained for or double the value of the property seized, where the value is less than the amount distrained for, conditioned to prosecute his suit against the obligee in the bond for the property, and to perform the judgment of the court in such suit, in case he shall fail therein. Upon the delivery of such bond to the officer having control of the property, he shall deliver the same to the party giving the bond, and shall return the bond and the writ of attachment, with a statement of his proceedings, to the clerk of the circuit court if the value of the property or amount distrained for exceed Two Hundred Dollars ($200.00), and to the justice of the peace who issued the attachment if neither the amount claimed nor the value of the property exceed Two Hundred Dollars ($200.00); and he shall summon the party in whose name or right the distress or seizure was made, to appear at the next term of the court to which return of the attachment and bond shall be made, to answer the suit of the person replevying the property; and the officer shall make his return of having summoned such party on the papers by him returned to the court. History Codes, Hutchinson’s 1848, ch. 56, art. 5 (15); 1857, ch. 41, art. 11; 1871, § 1630; 1880, § 1312; 1892, § 2518; 1906, § 2856; Hemingway’s 1917, § 2354; 1930, § 2205; 1942, § 927.
Mississippi Code § 89-7-89 establishes a procedure by which a tenant whose agricultural products or other property have been seized through distress (a landlord's legal remedy to secure unpaid rent) may reclaim that property before it is sold. To do so, the tenant must post a bond—worth double the amount claimed or double the property's value, whichever is lower—with an approved surety, committing to pursue a legal challenge and abide by the court's ruling. Depending on whether the disputed amount exceeds $200, the matter is routed either to the circuit court or to a justice of the peace, and the seizing party is summoned to appear and answer the tenant's suit.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-89, a landlord or other party who initiates a distress or seizure of a tenant's property should be aware that the tenant retains the right to replevy—that is, reclaim—the seized goods at any point before sale by posting a qualifying bond. Compliant operators generally maintain clear records of the amount distrained and the value of property seized, since those figures directly determine the bond amount the tenant must post. Once a valid bond is delivered to the officer holding the property, the landlord will be summoned to appear in the appropriate court to answer the tenant's suit, making accurate documentation of the original distress action especially important.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-89 gives tenants (or their executors or administrators) the right to reclaim property that has been seized under a distress action before that property is sold at auction, by posting a surety bond equal to double the distrained amount or double the property's value. Tenants who exercise this right commit to pursuing a legal action against the seizing party and to complying with whatever judgment the court issues. Tenants seeking to understand this process—including how to identify an approved surety or what court will hear the matter—may benefit from consulting a tenant-rights organization or legal aid service familiar with Mississippi landlord-tenant law.
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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