Mississippi Code
Chapter 35 - Garnishment
§ 11-35-41. Garnishee may compel interpleader

When a garnishee, by his answer or by affidavit at any time before final judgment against him, or after such judgment if he had no such notice before the judgment was rendered, shall show that he has been notified that another person claims title to or an interest in the debt or property, which has been admitted by him, or found on a trial to be due or to be in his possession, the court shall suspend all further proceedings, and cause a summons to issue or publication to be made for the person so claiming to appear and contest with the plaintiff the right to such money, debt, or property. In such case, if the answer admit an indebtedness, and the garnishee pay the money into court, he shall thereupon be discharged from liability to either party for the sum so paid. And whenever such garnishee shall by said answer or affidavit show that he has been notified that another person claims title to or interest in such debt or property, it shall be lawful for such third person of his own motion to come in and claim the debt or property, and the claim shall be tried as other claimant's issues are tried whether summons or publication has been made to bring him in or not.

Structure Mississippi Code

Mississippi Code

Title 11 - Civil Practice and Procedure

Chapter 35 - Garnishment

§ 11-35-1. When issued on judgment or decree

§ 11-35-3. When issued on suing out attachment

§ 11-35-5. Form for writ of garnishment on judgment or decree

§ 11-35-7. Form of the writ of garnishment-when issued by the sheriff

§ 11-35-9. Service

§ 11-35-11. Service of writs of garnishment on government employees

§ 11-35-13. Garnishment against public officer or employee; default judgment against state prohibited

§ 11-35-15. Garnishment against state public officer or employee; fee for service of writ

§ 11-35-17. Garnishment against county, municipal or other public officer or employee; fee for service of writ

§ 11-35-19. Garnishment against public officer or employee; failure to answer writ; penalty

§ 11-35-21. Garnishment against public officer or employee; effect of writ

§ 11-35-27. Garnishee's answer; time

§ 11-35-29. Judgment on answer

§ 11-35-31. Garnishee's failure to answer

§ 11-35-33. Garnishee may claim exemptions

§ 11-35-35. Stay if debt not yet due; delivery of goods or chattels to sheriff

§ 11-35-37. Garnishee protected in certain cases

§ 11-35-39. Garnishee may plead that judgment is void

§ 11-35-41. Garnishee may compel interpleader

§ 11-35-43. Claim of third person tried

§ 11-35-45. Contest of garnishee's answer by plaintiff

§ 11-35-47. Contest of garnishee's answer by defendant

§ 11-35-49. Transfer to other county; change of venue

§ 11-35-51. Judgment on issue against garnishee

§ 11-35-53. Valuation and discharge of judgment

§ 11-35-55. No final judgment in certain cases

§ 11-35-57. Executors and administrators may be garnished

§ 11-35-59. Proceedings if garnishee dies

§ 11-35-61. Garnishee compensation; conditions