When any writ of attachment shall be executed and returned, if the defendant be not summoned, the clerk of the court shall cause a notice to be published once a week for three weeks in some newspaper published within the county, or in some convenient county, and having a circulation in the county in which the suit is pending, stating the issuance of such attachment, at whose suit, against whose estate, for what sum, and in what court the same is pending and that unless the defendant appear on the first day of the next succeeding term of court and plead to said action, judgment will be entered, and the estate attached will be sold. Such publication may be made before or after the return term of court, but in cases of attachment against persons residing out of this state, the creditor, his agent or attorney, shall file with the clerk his affidavit-if the affidavit for the attachment do not contain such statement-showing the post office of the defendant, or that he has made diligent inquiry to ascertain it without success; and if the post office shall be stated, the clerk shall send by mail to such defendant, at his post office, a copy of such notice, and shall make it appear to the court that he has done so, before judgment shall be rendered on publication of notice; and for a failure of duty in this respect, the clerk may be punished as for contempt.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 33 - Attachment at Law Against Debtors
§ 11-33-3. Suit against one or more debtors among joint debtors
§ 11-33-5. Attachment against partners
§ 11-33-7. Attachments against nonresidents jointly indebted
§ 11-33-9. Grounds for attachment-affidavit
§ 11-33-15. Bond excepted to: new bond and affidavit
§ 11-33-21. Duplicate and alias writs
§ 11-33-23. Writ to be served, on what, and what bound by the levy
§ 11-33-25. The defendant to be summoned
§ 11-33-27. Proceeding when levy by other than sheriff
§ 11-33-29. Attachment may be issued and served on Sunday
§ 11-33-31. Return of writ and bonds
§ 11-33-33. Ancillary attachment
§ 11-33-35. Attachment for debt not due
§ 11-33-37. Publication of notice
§ 11-33-39. When publication unnecessary
§ 11-33-41. Form of notice required
§ 11-33-43. In absence of newspaper
§ 11-33-45. Property may be replevied
§ 11-33-47. Form of bond for replevin of goods
§ 11-33-49. But one bond required
§ 11-33-51. Execution against sureties
§ 11-33-55. One satisfaction releases sureties
§ 11-33-57. Prior attachment from another court
§ 11-33-59. Bond to discharge attachment for a debt due
§ 11-33-61. Form of bond to discharge attachment for debt due
§ 11-33-63. Bond to discharge attachment for a debt not due
§ 11-33-65. Form of bond to discharge attachment for debt not due
§ 11-33-67. Officer bound if bond insufficient
§ 11-33-69. Claim of third person to attached property
§ 11-33-71. Property in danger of waste to be sold pending suit
§ 11-33-73. How certain other property may be sold pending suit
§ 11-33-75. Death of defendant does not abate action
§ 11-33-77. The declaration and subsequent pleadings
§ 11-33-79. Judgment by default
§ 11-33-81. Defendant may defend without replevying property
§ 11-33-83. Answer traversing truth of alleged attachment grounds; trial of issue
§ 11-33-85. Answer traversing truth of alleged attachment grounds; damages in favor of defendant
§ 11-33-89. Property assessment and judgment in certain cases
§ 11-33-91. Voluntary dismissal and damages
§ 11-33-93. Judgment in case debt not due
§ 11-33-95. Judgment for damages pleadable as payment
§ 11-33-97. Discharge of attachment not to affect action
§ 11-33-99. Attachment preserved by appeal
§ 11-33-101. Intervention by other creditors