Cal. Civ. Code § 89-7-95
Party replevying to propound claim.
Operative Text
By the first day of the next term of the court to which such replevy-bond and attachment shall have been returned, or afterwards, if longer time be granted by the court, the party who replevied the property shall file either a motion to quash the attachment proceedings or his declaration in replevin, if in the circuit court, or appear and prosecute his claim, if in a justice’s court, against the party in whose name or right the distress or seizure was made. Such party shall make defense, and if the attachment proceeding be quashed it may be amended. A tenant may file his declaration after a motion to quash shall have been denied, and the cause shall proceed to an issue and trial; and if upon trial it be found that the sum for rent or supplies was due, in whole or part, and that the distress was lawfully made, the landlord shall have judgment against the obligors in the replevy-bond for a return of the property replevied, or its value, to an amount sufficient to pay the sum found due, with interest and costs of suit. If the property replevied be restored, it shall be sold to satisfy the judgment, and if it be not sufficient, execution shall go against the party replevying for the residue. History Codes, 1880, § 1314; 1892, § 2521; 1906, § 2859; Hemingway’s 1917, § 2357; 1930, § 2208; 1942, § 930.
Mississippi Code § 89-7-95 governs what happens after a tenant has replevied (reclaimed) property that was seized under a distress or attachment proceeding. The tenant who replevied the property must, by the first day of the next court term, either challenge the attachment through a motion to quash or file a formal replevin claim in the appropriate court. If the court ultimately finds that rent or supplies were genuinely owed and the distress was lawful, the landlord is entitled to a judgment requiring the return of the replevied property—or its equivalent value—sufficient to cover the amount owed, plus interest and court costs, with any shortfall collectible by execution against the replevying party.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-95, a landlord who has made a lawful distress or seizure and whose property is then replevied by a tenant can expect the court process to resolve whether the underlying debt was valid. Compliant landlords in this situation generally maintain clear records of the rent or supplies owed, the circumstances of the distress, and the value of the seized property, so they can substantiate their claim if the matter proceeds to trial. If the court finds in the landlord's favor, the judgment may include return of the replevied property, its appraised value, interest, and costs—making thorough documentation of the original distress essential to recovering what is owed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-95 gives a tenant who has replevied seized property specific procedural rights, including the ability to challenge the attachment by filing a motion to quash or to pursue a replevin claim in the appropriate court by the first day of the next court term. Even if a motion to quash is denied, the statute preserves the tenant's right to file a declaration and proceed to a full trial on the merits of the underlying distress. Tenants navigating this process may benefit from consulting a tenant-rights organization or legal aid provider familiar with Mississippi landlord-tenant law to understand the procedural deadlines and court-specific requirements 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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