Cal. Civ. Code § 89-7-97
Form of declaration.
Operative Text
The declaration in replevin in such case may be substantially in the following form, to wit: “State of Mississippi. Circuit court, term, A.D. County of “Thomas East, the plaintiff in this case, complains of William West, the defendant, in an action of replevin. “For that heretofore, to wit: on the day of , A.D. , the said defendant wrongfully caused an officer of County to seize and take from the plaintiff’s possession, under an attachment for rent [or rent and supplies, or for supplies, as the case may be], certain personal property of the plaintiff’s, to wit: here describe the property and give the value of each separate item of it. “And the plaintiff avers that he is entitled to recover the same and also to recover of defendant the sum of dollars damages for the said wrongful taking; wherefore, he sues and demands judgment accordingly, and costs of suit.” History Codes, 1892, § 2522; 1906, § 2860; Hemingway’s 1917, § 2358; 1930, § 2209; 1942, § 931.
Mississippi Code § 89-7-97 provides a standardized template for the legal declaration a tenant must file when bringing a replevin action — a lawsuit to recover personal property that was seized under a landlord's attachment for rent or supplies. The form identifies the parties, describes the seized property and its value, and allows the plaintiff to claim monetary damages for the wrongful taking. By supplying this model language, the statute gives courts and litigants a consistent starting point for such pleadings.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-97, a landlord who initiates an attachment for rent or supplies should be aware that a tenant whose property is seized has a recognized legal pathway to challenge that seizure through a replevin action. Operators who follow proper attachment procedures reduce the risk of being named as a defendant in such a suit. Property managers generally document the basis for any attachment carefully, since the replevin declaration form expressly calls out the alleged wrongfulness of the taking and invites a damages claim against the landlord.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-97 establishes a model court declaration that a tenant can use as the foundation for a replevin lawsuit when personal property has been seized under a landlord's rent or supply attachment. The form allows a tenant to describe each seized item, state its value, and seek both return of the property and monetary damages for the wrongful taking. Tenants who believe a seizure was improper may wish to consult a tenant-rights organization or legal aid office to understand how this statutory form applies to their circumstances.
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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