When a bill shall be filed for an attachment of the effects of a nonresident, absent or absconding debtor in the hands of persons in this state, or of the indebtedness of persons in this state to such nonresident, absent or absconding debtor, it shall be sufficient to bind such effects or indebtedness that the order of attachment together with a copy of the bill of complaint and affidavit be served upon the persons possessing such effects or owing such indebtedness.
Codes, 1880, § 1898; 1892, § 487; 1906, § 537; Hemingway's 1917, § 294; 1930, § 174; 1942, § 2730; Laws, 1980, ch. 467, § 2, eff. 7/1/1980.
Notes of Decisions
Penrod Drilling Co. v. Bounds, 433 So. 2d 916 (Miss. 1983).
· cites it 5× “Mississippi Code Annotated section 11-31-3 (1972) deals with the procedure for attaching effects of, or an indebtedness due a nonresident: § 11-31-3.”
Mississippi Chem. Corp. v. Chem. Constr. Corp., 444 F. Supp. 925 (S.D. Miss. 1977).
· cites it 6× “5 Section 11-31-3 provides for the service of a summons and a bill of complaint, or a summons upon which the nature and object of the lawsuit is endorsed, upon the debtor who is present within the state which suffices to bind the indebtedness by him to the non-resident, absent…”
M P I, Inc. v. McCullough, 463 F. Supp. 887 (N.D. Miss. 1978).
· cites it 3× “Section 11-31-3 provides that, upon the filing of a bill for an attachment, where the property to be attached consists of the effects or personal property of a nonresident debtor or of an indebtedness of a resident of this state owed to such nonresident, the summons upon the…”
Est. of Portnoy v. Cessna Aircraft Co., 603 F. Supp. 285 (S.D. Miss. 1985).
· cites it 4× “Miss.Code Ann. § 11-31-3 (Supp. 1984) states that “it shall be sufficient to bind such effects or indebtedness that the order of attachment .”
Keelon v. Davis, 475 F. Supp. 204 (N.D. Miss. 1979).
· cites it 2× “Miss.Code Ann. § 11-31-3 (1972). Mississippi Chemical was not required to post bond of any sort.”
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