Mississippi Code
Miss. Code Ann. § 11-31-2 (2024)
Application for order of attachment; determination
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) Upon the filing of the bill of complaint, the complainant may apply for an order of attachment by presenting to the chancellor the bill, and an affidavit which shall include the following:
- (a) A statement that the action is one described in Section 11-31-1, and is brought against a defendant described in said Section 11-31-1.
- (b) A detailed statement of the facts and grounds which entitle the complainant to an order of attachment including a statement of the specific reasons why the complainant's ability to recover the amount of his claim may be endangered or impeded if the order of attachment is not issued.
- (c) A statement of the amount the plaintiff seeks to recover.
- (d) A statement that the complainant has no information or belief that the claim is discharged in a proceeding under the Federal Bankruptcy Act (11 U.S.C., Section 1, et seq.), or that the prosecution is stayed in a proceeding under the Federal Bankruptcy Act.
- (e) A description of the property to be attached under the writ of attachment and a statement that the complainant is informed and believes that such property is not exempt from attachment or seizure under Section 85-3-1.
- (f) A listing of other persons known to the complainant who may have an interest in the property sought to be attached together with a description of such interest.
- (2) The chancellor shall examine the affidavit and bill of complaint and may, in term time or in vacation, issue an order of attachment with respect to such property under the following conditions:
- (a) The chancellor finds that unless the order of attachment is issued, the complainant's ability to recover the amount of his claim may be significantly impaired or impeded.
- (b) The chancellor finds that the affidavit establishes a prima facie case demonstrating the complainant's right to recover on his claim against the defendant.
- (c) The complainant gives security in an amount satisfactory to the chancellor to abide further orders of the court and to protect the defendant from injury should the action of attachment be judicially determined to have been wrongfully brought.
- (3)
- (a) If such an order of attachment is issued, the defendant shall, upon request, be entitled to an immediate post-seizure hearing to seek dissolution of the order of attachment. Such post-seizure hearing shall have precedence on the docket of the chancery court over all other matters except similar matters previously filed. At such hearing, the chancellor shall order dissolution of the order of attachment unless the complainant establishes by satisfactory proof the grounds upon which the order was issued, including the existence of a claim as described in Section 11-31-1, and the impairment or impediment which a failure to continue the attachment could bring to the complainant's ability to recover the amount of such debt. An appearance by the defendant at the post-seizure hearing shall be considered a special appearance and not a general appearance for purposes of personal jurisdiction over the defendant.
- (b) In the alternative, a debtor may regain immediate possession of the property attached by giving security satisfactory to the chancellor in an amount equal to one hundred twenty-five percent (125%) of the value of the property attached or one hundred twenty-five percent (125%) of the amount of the claim, whichever is less.
- (c) If the chancellor should determine that the attachment was not brought in good faith, then the chancellor in his discretion may award actual damages (including reasonable attorney's fees) to the defendant.
Laws, 1980, ch. 467, § 1, eff. 7/1/1980.
Notes of Decisions
Cited in 9
cases, 1983–1997 · leading case: Bankers Life & Cas. Co. v. Crenshaw, 483 So. 2d 254 (Miss. 1985).
Bankers Life & Cas. Co. v. Crenshaw, 483 So. 2d 254 (Miss. 1985). “, Miss. Code Ann. § 11-31-2 (3)(c) (Supp. 1984) (attorneys fees recoverable against party who brings attachment in bad faith); § 11-53-81 (attorneys fees recoverable in suit on an open account); § 75-9-504(1)(a) (1972) (attorneys fees recoverable by secured party disposing of…”
Universal Comput. Servs., Inc. v. Lyall, 464 So. 2d 69 (Miss. 1985). “Attached to the complaint were several documents which were: (1) the sales plan for quote and commissions exhibited to all salesmen of Universal, later introduced as "Exhibit 2", (2) letter of resignation, (3) Employment Agreement, and (4) affidavit complying with Miss. Code…”
Est. of Portnoy v. Cessna Aircraft Co., 603 F. Supp. 285 (S.D. Miss. 1985). “Miss.Code Ann. § 11-31-2 (Supp.1984). 3. The Statute Prohibits a Defendant from Making a Limited Appearance to Defend His Claim to the Property Attached.”
Grisham v. Hinton, 490 So. 2d 1201 (Miss. 1986). “, Miss. Code Ann. § 11-31-2 (3)(c) (Supp. 1984) (attorneys fees recoverable against party who brings attachment in bad faith); § 11-53-81 (Supp.”
TXG Intrastate Pipeline Co. v. Grossnickle, 716 So. 2d 991 (Miss. 1997). “Miss. Code Ann. § 11-31-2 and 3 (Supp. 1997) are specific as to what must be done in order to obtain an effective Order of Attachment on property and must be followed closely.”
Penrod Drilling Co. v. Bounds, 433 So. 2d 916 (Miss. 1983). “467, codified as Miss. Code Ann. §§ 11-31-2 (Supp. 1982), 11-31-3 (Supp.”
Anderson v. Sonat Expl. Co., 523 So. 2d 1024 (Miss. 1988). “a detailed statement of the facts and grounds which entitled the complainant to an order of attachment, including a statement of the specific reasons why the complainants ability to recover the amount of his claim may be endangered or impeded if the order of attachment is not…”
Greyhound Lines, Inc. v. Gerald Sutton, No. 97-CT-00634-SCT (Miss. Apr. 18, 1997). “Miss. Code Ann. § 11-31-2 (1) (Supp. 1998).”
TXG Intrastate Pipeline Co v. Dean v. Grossnickle, No. 94-CA-00507-SCT (Miss. Apr. 8, 1994). “Miss. Code Ann. § 11-31-2 and 3 (Supp. 1997) are specific as to what must be done in order to obtain an effective Order of Attachment on property and must be followed closely.”
Miss. Code Ann. § 11-31-2(1)(a): 1 case
Anderson v. Sonat Expl. Co., 523 So. 2d 1024 (Miss. 1988). “a detailed statement of the facts and grounds which entitled the complainant to an order of attachment, including a statement of the specific reasons why the complainants ability to recover the amount of his claim may be endangered or impeded if the order of attachment is not…”
Miss. Code Ann. § 11-31-2(1)(c): 1 case
Anderson v. Sonat Expl. Co., 523 So. 2d 1024 (Miss. 1988). “a detailed statement of the facts and grounds which entitled the complainant to an order of attachment, including a statement of the specific reasons why the complainants ability to recover the amount of his claim may be endangered or impeded if the order of attachment is not…”
Miss. Code Ann. § 11-31-2(2)(c): 1 case
Est. of Portnoy v. Cessna Aircraft Co., 603 F. Supp. 285 (S.D. Miss. 1985). “Miss.Code Ann. § 11-31-2 (Supp.1984). 3. The Statute Prohibits a Defendant from Making a Limited Appearance to Defend His Claim to the Property Attached.”
Miss. Code Ann. § 11-31-2(3)(b): 1 case
Est. of Portnoy v. Cessna Aircraft Co., 603 F. Supp. 285 (S.D. Miss. 1985). “Miss.Code Ann. § 11-31-2 (Supp.1984). 3. The Statute Prohibits a Defendant from Making a Limited Appearance to Defend His Claim to the Property Attached.”
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