Cal. Civ. Code § 89-8-37
Residential evictions; default judgment to landlord under certain circumstances; judgments to be signed and executed on the same business day that they are granted.
Operative Text
(1) In eviction actions, the court shall grant a default judgment to the landlord where: (a) The landlord complies with Section 89-8-33; (b) Issuance and service of summons is proper; (c) The tenant fails to appear; and (d) The landlord is otherwise entitled to a judgment under law. (2) In eviction actions, the court shall grant judgment to the landlord where: (a) The landlord complies with Section 89-8-33; (b) The judge finds that the tenant failed to present a valid defense or counterclaim; and (c) The landlord is otherwise entitled to a judgment under law. (3) In eviction actions, judgments granted by the court shall be signed and executed on the same business day that the judgment is granted. History Laws, 2022, ch. 501, § 4, eff from and after passage (approved April 21, 2022).
Mississippi Code § 89-8-37 establishes two pathways through which a court must rule in a landlord's favor in an eviction proceeding. The first applies when a tenant fails to appear after proper notice and summons, resulting in a default judgment. The second applies when a tenant does appear but the court finds no valid defense or counterclaim was presented. In either case, the law requires that any judgment granted be signed and executed by the court on the very same business day it is issued.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-8-37, landlords who have properly followed the notice requirements of Section 89-8-33 and ensured lawful issuance and service of summons are positioned to receive a default judgment if the tenant does not appear. If the tenant does appear, a judgment in the landlord's favor is still required when the court finds no valid defense or counterclaim. Compliant operators also benefit from the same-day execution requirement, meaning a granted judgment becomes actionable without delay on that business day.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-8-37 means that appearing in court for an eviction hearing is critical — a tenant's failure to show up can result in an automatic default judgment against them. If a tenant does appear, the court is required to evaluate whether a valid defense or counterclaim exists before ruling, which means presenting a substantive legal defense can affect the outcome. Tenants facing eviction proceedings may benefit from consulting a tenant-rights organization or legal aid provider to understand what defenses or counterclaims might be available under Mississippi 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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