Mississippi Code

Miss. Code Ann. § 11-13-11 (2026)

Restraint on collection of taxes

✓ current as of July 2026
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The chancery court shall have jurisdiction of suits by one or more taxpayers in any county, city, town, or village, to restrain the collection of any taxes levied or attempted to be collected without authority of law.

Codes, 1880, § 1831; 1892, § 483; 1906, § 533; Hemingway's 1917, § 290; 1930, § 420; 1942, § 1340.


Notes of Decisions
Cited in 16 cases, 1977–2018 · leading case: Marx v. Truck Renting & Leasing Ass'n, 520 So. 2d 1333 (Miss. 1987).
Marx v. Truck Renting & Leasing Ass'n, 520 So. 2d 1333 (Miss. 1987). · cites it 29× “The lower court erred in finding that an action to enjoin under Miss. Code Ann. § 11-13-11 (1972) was not barred where an adequate remedy at law existed; V.”
Mississippi Dep't of Revenue v. AT & T Corp., 101 So. 3d 1139 (Miss. 2012). · cites it 38× “6 See Miss.Code Ann. §§ 11-13-11 (Rev.2004), 27-7-73 (repealed eff.”
Fondren v. State Tax Comm'n, 350 So. 2d 1329 (Miss. 1977). · cites it 10× “Code 1930 [ Miss. Code Ann. § 11-13-11 (1972)], are "without authority of law".”
State Tax Comm'n v. Fondren, 387 So. 2d 712 (Miss. 1980). · cites it 6× “Second, the Tax Commission again argues that section 11-13-11 Mississippi Code Annotated (1972) does not authorize these suits.”
Commonwealth Brands, Inc. v. Morgan, 110 So. 3d 752 (Miss. 2013). · cites it 6× “Miss.Code Ann. § 11-13-11 (Rev.2004). Section 11-13-11 clearly provides persons or entities upon whom a tax is levied or attempted to be collected a full hearing and judicial determination at which they may raise their constitutional challenges.”
Bankston v. Mississippi Dep't of Revenue, 95 So. 3d 1275 (Miss. Ct. App. 2012). · cites it 14× “Whether the chancery court erred in holding that it lacked subject[-] matter[-]jurisdiction under [Mississippi Code Annotated section 11-13-11] to enjoin the [MDOR] from collecting contractor’s tax assessed against [Bankston] for the periods of January 1, 2005[,] through…”
Robert L Williams, Jr. v. Ed Morgan, 201 So. 3d 1073 (Miss. Ct. App. 2016). · cites it 8× “Williams argued that the chancellor possessed subject-matter jurisdiction under Mississippi Code Annotated section 11-13-11 (Rev. 2004) because'the MDOR had attempted to collect the liabilities from him “without authority of law.”
Roy McCrory v. Mississippi Dep't of Revenue, 152 So. 3d 1204 (Miss. Ct. App. 2014). · cites it 4× “Mississippi Code Annotated section 11-13-11 (Rev.2004) grants chancery courts jurisdiction over taxpayer claims “to restrain the collection of any taxes levied or attempted to be collected *1207 without authority of law.”
L Harris Constr. Co. v. Mississippi Dep't of Revenue (In re L Harris Constr. Co.), 528 B.R. 664 (Bankr. S.D. Miss. 2015). · cites it 4× “In the Chancery Complaint, L Harris requests that pursuant to Miss. Code § 11-13-11, the court enter a judgment declaring that the Assessment “was not in conformity with the law;” 11 that the tax lien filed by MDOR should be released; and, that MDOR should be prohibited from any…”
Todd v. Johnson, 718 F. Supp. 1305 (S.D. Miss. 1989). · cites it 4× “§§ 27-7-313, 27-7-315, 27-7-51, 27-7-53, 27-7-71, and 27-7-73 (specific income tax provisions related to contesting the amount or validity of tax due); Miss.Code Ann. § 11-13-11 (taxpayers have right to enjoin collection of any tax levied or attempted to be collected without…”
Dillon v. Mississippi, 376 F. App'x 421 (5th Cir. 2010). “3d at 1009 ; Miss.Code Ann § 11-13-11 (West 2010). . Indeed, it is unclear what relief Appellants could seek based on the alleged facts that does not fall under the Act.”
Lewis v. Mass Appraisal Servs., Inc., 396 So. 2d 35 (Miss. 1981). “Appellants also attempt to obtain injunctive relief pursuant to MCA § 11-13-11 (1972) which provides "The Chancery Court shall have jurisdiction of suits by one or more taxpayers in any county, city, town, or village, to restrain collection of any taxes levied or attempted to be…”
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