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Chapter 1 - Assignment for Benefit of Creditors
§ 85-1-1. Execution of assignment; petition in chancery in case of general assignment - Assignments for the benefit of creditors may be executed as...
§ 85-1-3. Schedules of liabilities and assets to be filed - With every general assignment there shall be filed, unless the...
§ 85-1-5. Bond of assignee or trustee - The assignee or trustee must file a bond with his...
§ 85-1-7. Assignee to become receiver of the court - The assignee, upon filing the petition and the approval of...
§ 85-1-9. Inventories - The assignee shall, as speedily as may be, and within...
§ 85-1-11. Creditor's cross-petition to set aside assignment - Any creditor may file in said cause a cross-petition against...
§ 85-1-13. Creditor's cross-petition to set aside assignment; rights of successful creditor - The creditor filing a cross-petition, if he succeed in establishing...
§ 85-1-15. Creditor's cross-petition to set aside assignment; rights of unsuccessful creditor - Whenever a creditor may seek to set aside the assignment...
§ 85-1-17. Personal decree against assignor - A creditor may demand, by cross-petition, a personal decree against...
§ 85-1-19. Duty of creditors to establish claims - It shall be the duty of all creditors to establish...
Chapter 3 - Exempt Property
§ 85-3-1. Property exempt from seizure under execution or attachment - There shall be exempt from seizure under execution or attachment:...
§ 85-3-2. Certain federal exemptions prohibited - In accordance with the provisions of Section 522(b) of the...
§ 85-3-3. Execution or attachment of personal property; selection of exempt property - Where an officer shall be about to levy an execution...
§ 85-3-5. Execution or attachment of personal property; plaintiff's indemnity bond; liability of officer - If any sheriff or other officer shall levy or be...
§ 85-3-7. Execution or attachment of personal property; defendant may sue on plaintiff's indemnity bond - After the execution of such bond, the defendant in the...
§ 85-3-9. Execution or attachment of personal property; replevy by defendant - Any defendant whose exempt property is seized may replevy the...
§ 85-3-13. Proceeds of life insurance policy; payable to executor; limits - The proceeds of a life insurance policy not exceeding Fifty...
§ 85-3-15. Proceeds of life insurance policy; unassigned policies - The proceeds of all unassigned life insurance policies payable to...
§ 85-3-17. Judgment for personal injury - The proceeds of any judgment not exceeding Ten Thousand Dollars...
§ 85-3-19. Beneficiaries of deceased plaintiff take damages free from debts - Whenever suit was begun in the name of the party...
§ 85-3-21. Homestead exemption; land and buildings - Every citizen of this state, male or female, being a...
§ 85-3-23. Homestead exemption; land and buildings; insurance proceeds; personal property - Every citizen of this state, male or female, being a...
§ 85-3-25. Homestead declaration; form; deposit with clerk of chancery court - Any citizen entitled to a homestead and desiring to select...
§ 85-3-27. Homestead declaration; effect - The declaration, for not more than one hundred sixty (160)...
§ 85-3-29. Homestead declaration; recording - The clerk shall file, certify, record, and alphabetically index the...
§ 85-3-31. Homestead designated by law when not selected - The homestead of every citizen entitled to such an exemption...
§ 85-3-33. Heirs may designate homestead - In all cases where a deceased person has left a...
§ 85-3-35. Allotment of homestead; selection of householders or freeholders to set off portion of land - If the land on which the person claiming the exemption...
§ 85-3-37. Allotment of homestead; premises not capable of division - If the premises be not capable of being so divided...
§ 85-3-39. Allotment of homestead; how contested by plaintiff - If, before or after the return of the execution, the...
§ 85-3-41. Allotment of homestead; how contested by defendant - If a defendant be dissatisfied with the allotment, he may...
§ 85-3-43. Homestead liable to debts when debtor ceases to reside thereon - Whenever the debtor shall cease to reside on his homestead,...
§ 85-3-47. Property not exempt from execution - Property shall not be exempt from execution when the purchase-money...
§ 85-3-49. Exempt property may be disposed of - The exempt property, real or personal, disposed of by the...
§ 85-3-51. Exemptions allowed to residents only - The exemptions in this chapter shall be allowed in favor...
Chapter 5 - Joint and Several Debtors
§ 85-5-1. Effect of releasing one or more joint debtors - In all cases of joint or joint and several indebtedness,...
§ 85-5-3. Judgment against one debtor does not affect rights against others - In any action founded on a joint or joint and...
Chapter 7 - Liens
Article 1 - Crops, Advances, Lumber, Timber, Foals, Calves and Water Craft
Liens on Crops, Advances, Lumber, Timber, Foals, Calves and Water Craft
§ 85-7-3. Sawmill employees and timber men; lien on lumber and timber - Every employee or laborer of an employer engaged in the...
§ 85-7-5. Owner of stallion, jackass, or bull; lien on foal or calf - The owner of a stallion, jackass or bull shall have...
§ 85-7-7. Water craft; work, materials, supplies, etc. - There shall be a lien on all ships, steamboats and...
Suits to Enforce Liens on Crops, Advances, Lumber, Timber, Foals, Calves and Water Craft
§ 85-7-31. Commencement of suit - A person having any lien in Sections 85-7-1 through 85-7-9...
§ 85-7-33. Non-resident or unknown parties - If any party in interest be a non-resident of the...
§ 85-7-35. Precedents - Affidavits and writs in the form of the following precedents...
§ 85-7-37. Affidavit - "State of Mississippi, County "Before me, , a justice of...
§ 85-7-39. Writ; form - "The State of Mississippi. "To any lawful officer of county:...
§ 85-7-41. Writ; where returnable - The writ shall be returnable before the justice of the...
§ 85-7-43. Writ; when returnable - The writ, when returnable before a justice of the peace,...
§ 85-7-45. Writ; return to wrong court not to affect the case - If the writ be made returnable to the wrong court,...
§ 85-7-47. Replevy of property seized - The defendant, or any person interested, may give bond, with...
§ 85-7-49. Issue and judgment - Any person interested may contest the demand of the plaintiff...
§ 85-7-51. Death of party not to abate suit - If any party to the suit die, it shall not...
§ 85-7-53. Sale of steamboat or water craft and its effect - If the special writ of execution be for the sale...
Article 3 - Sale of Timepiece, Jewelry, etc. For Repair Charges
§ 85-7-71. Definition - As used in Sections 85-7-71 through 85-7-81, the term "person"...
§ 85-7-73. Sale of watches, jewelry, etc., left over 90 days for repairs, etc. permitted - Any watch, clock, timepiece, ring, jewelry, or other item, which...
§ 85-7-75. Notice to owners - The mailing by registered or certified United States mail of...
§ 85-7-77. Sale; disposition of proceeds - If the chattel or chattels are not redeemed within thirty...
§ 85-7-79. Notices required to be posted - All persons taking advantage of Sections 85-7-71 through 85-7-81 must...
§ 85-7-81. Purpose and intent of Sections 85-7-71 through 85-7-81 - The purpose and intent of Sections 85-7-71 through 85-7-81 is...
Article 5 - Mechanics and Stablekeepers
§ 85-7-101. Articles constructed, manufactured or repaired; lien for labor and materials - Except as otherwise provided in Section 85-7-107, all carriages, buggies,...
§ 85-7-103. Stable keepers; lien on animals - The owner of every livery stable, sale stable, feed stable...
§ 85-7-105. Remedy where lienholder loses possession to owner - If the lienholders mentioned in Sections 85-7-101 and 85-7-103 part...
§ 85-7-107. Lien on motor vehicle for labor and materials used in constructing, manufacturing or repairing vehicle; notice to legal owner and holder of any lien; judgment on lien; redemption; sale of vehicle - All motor vehicles repaired for any person, and at his...
Article 7 - Owner's Lien for Rent on Personal Property in Self-Storage Facility
§ 85-7-121. Definitions - As used in Sections 85-7-121 through 85-7-129, the following terms...
§ 85-7-123. Owner's lien for rent on personal property in self-storage facility - The owner has a lien upon all personal property located...
§ 85-7-125. Enforcement of owner's lien - The enforcement of the owner's lien against an occupant who...
§ 85-7-129. Application of Sections 85-7-121 through 85-7-129 to rental agreements entered into on or after July 1, 1988 - The provisions of Sections 85-7-121 through 85-7-129 shall apply only...
Article 9 - Water, Oil and Gas Wells
§ 85-7-131. Liens on water, oil or gas wells; effect as to purchasers, etc., without notice - Every water well or oil and gas well, and any...
§ 85-7-132. Lien to enforce violations related to oil and gas production - Every building, well or structure of any kind, and any...
§ 85-7-133. Chancery clerk to keep record of liens - Each of the several chancery clerks of this state shall...
§ 85-7-141. Commencement of suit to enforce lien - Any person entitled to and desiring to have the benefit...
§ 85-7-143. Parties to the suit - All persons having an interest in the controversy, and all...
§ 85-7-145. Summons of defendants - In all actions to enforce a lien granted by Section...
§ 85-7-147. Defenses and counterclaims - In all actions to enforce a lien granted by Section...
§ 85-7-153. Execution - When the judgment shall be against the house, building, structure,...
§ 85-7-155. Sale of house, building, etc., with or without land; procedure; purchaser's estate in land - If such special writ of execution be for the sale...
§ 85-7-157. Sale of railroad land or buildings; procedure; purchaser's estate property - If the special writ of execution be for the sale...
Article 11 - Suits on Performance Bonds
§ 85-7-187. Bond; persons with right of action - If only a performance bond has been provided in accordance...
§ 85-7-191. Bond; suit on; only one action permitted; intervention - If only a performance bond is given in accordance with...
§ 85-7-193. Bond: judgment; pro rata recovery where funds insufficient - If only a performance bond is given in accordance with...
§ 85-7-195. Process - To all suits instituted under the provisions of this chapter...
Article 13 - Laundry Plant Operators
§ 85-7-221. Definition - As used in Sections 85-7-221 through 85-7-233, the term "person"...
§ 85-7-223. Sale of clothing, etc., for cleaning charges - Any garment, clothing, wearing apparel or household goods, which have...
§ 85-7-225. Sale of clothing, etc., for storage charges permitted - All garments, clothing, wearing apparel, or household goods placed in...
§ 85-7-227. Notice to owners - The mailing by United States certified mail, return receipt requested,...
§ 85-7-229. Sale; disposition of proceeds - If the chattel or chattels are not redeemed within thirty...
§ 85-7-231. Notices required to be posted; form and content of notices - All persons, taking advantage of Sections 85-7-221 through 85-7-233, must...
§ 85-7-233. Purposes and intent of Sections 85-7-221 through 85-7-233 - The purpose and intent of Sections 85-7-221 through 85-7-233 is...
§ 85-7-235. Sale of clothing after 180 days without notice or liability to owner - If any person fails to claim any garment, clothing, wearing...
Article 15 - Towing and Storage of Motor Vehicles -
Article 17 - General Provisions
§ 85-7-261. How lien created - Unless otherwise expressly provided, the liens created or mentioned in...
§ 85-7-263. Liens on the same building, etc. concurrent - All liens for erecting, constructing, altering, or repairing the same...
§ 85-7-265. Proceedings under justice courts - Justice courts shall have jurisdiction of cases arising under this...
Article 19 - Qualifying Providers of Burn Care Lien for Causes of Action
§ 85-7-305. Duties of chancery clerk; lien book - The clerk of the chancery court shall endorse the date...
§ 85-7-309. Applicability - Sections 85-7-301 through 85-7-315 shall not apply to: A cause...
§ 85-7-311. Effect of Sections 85-7-301 through 85-7-315 on settlement before entry into qualifying hospital - No settlement or release entered into or executed before the...
§ 85-7-313. No independent right of action to determine liability for injuries - Sections 85-7-301 through 85-7-315 shall not be construed to give...
§ 85-7-315. False affidavit required by Section 85-7-307 as perjury - Any person who gives any false affidavit as provided by...
Article 21 - Special Liens on Real Estate or Other Property
§ 85-7-401. Definitions - The following words and phrases shall have the meanings ascribed...
§ 85-7-405. Creation and declaration of lien; requisite statement and notice; payment action; amendment of claim of lien; priority of liens - "A.B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect,...
§ 85-7-407. Contractors to furnish list of all subcontractors and materialmen upon written request of property owner; information to be provided by persons not having privity of contract with contractor; applicability of section - If the person not in privity of contract with the...
§ 85-7-417. Privileges and benefits of partnerships, corporations or associations with respect to special liens on real estate - If services are performed or furnished with respect to any...
§ 85-7-425. Computation of time - The computation of time under this article shall be determined...
§ 85-7-431. Payment bond as substitution for subcontractor or materialmen liens - Where a contractor gives a payment bond providing payment protection...
§ 85-7-433. Forms; interim waiver and release upon payment; waiver and release upon final payment; affidavit of nonpayment; notice of contest of lien; pre-lien notice to owner - INTERIM WAIVER AND RELEASE UPON PAYMENT STATE OF MISSISSIPPI COUNTY...
Article 23 - Commercial Real Estate Broker Lien Act
§ 85-7-501. Short title - This article shall be known and may be cited as...
§ 85-7-503. Definitions - As used in this article, the following terms have the...
§ 85-7-507. When lien attaches to commercial real estate - A lien authorized by this article attaches to the commercial...
§ 85-7-511. Lien claimant to mail copy of notice of lien to owner(s) by certified mail - Any lien claimant who files a lien on commercial real...
§ 85-7-513. Enforcing lien - A lien claimant may bring suit to enforce a lien...
§ 85-7-517. When lien claim release or satisfaction to be filed; extinguishment on certain conditions - If a notice of lien has been filed with the...
§ 85-7-519. Cost of proceeding to be paid by nonprevailing party - The costs of any proceeding brought to enforce a lien...
§ 85-7-521. Discharge of lien - Unless an alternative procedure is available and is acceptable to...
§ 85-7-523. Remedy for lien wrongly filed - Any broker who falsely and maliciously files or causes to...
§ 85-7-525. Priority of deeds of trust or mortgages, tax liens and other liens - All deeds of trust or mortgages, all purchase money mortgages...
Chapter 8 - Uniform Federal Lien Registration Act
§ 85-8-1. Short title - This chapter may be cited as the Uniform Federal Lien...
§ 85-8-3. Application; exception - This chapter applies only to federal tax liens and to...
§ 85-8-7. Certification of notice of lien - Certification of notices of liens, certificates or other notices affecting...
§ 85-8-11. Duties of chancery clerk - Chancery clerks with whom notices of federal liens, certificates and...
§ 85-8-15. Interpretation and construction of Chapter - This chapter shall be so interpreted and construed as to...
Chapter 11 - Mississippi Uniform State Tax Lien Registration Act
§ 85-11-1. Short title - This chapter may be cited as the Mississippi Uniform State...
§ 85-11-5. Definitions - As used in this chapter: "Commissioner" means the Commissioner of...
§ 85-11-11. Payments to circuit clerks for service provided to citizens for researching and providing lien information - Beginning with calendar year 2015 and each year thereafter, on...
§ 85-11-15. Cancellation of notice of tax lien upon discovery of administrative issue - Within two (2) working days from the date the department...
§ 85-11-21. Enrollment on tax lien registry of certain unsatisfied tax liens appearing on county judgment rolls - All tax liens currently enrolled appearing on the judgment rolls...
§ 85-11-23. Rules and regulations - The department shall have the authority to promulgate rules and...
Chapter 13 - Automated Data Match System for Identifying and Seizing Financial Assets of Obligors Identified by Department of Revenue
§ 85-13-1. Definitions - As used in this chapter: "Commissioner" means the Commissioner of...