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Mississippi Code

Miss. Code Ann. § 11-31-9 (2026)

Publication for appearance of defendant

✓ current as of July 2026
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The nonresident, absent or absconding debtor shall be made a party to such suit by publication of summons as in other cases, and may appear and plead, demur or answer to the bill without giving security. If such debtor fails to appear, the court shall have power to make any necessary orders to restrain the defendants within this state from paying, conveying away or secreting the debts by them owing, or the effects in their hands belonging to, the nonresident, absent or absconding defendant, and may order such debts to be paid or such effects to be delivered to the complainant on his giving security for the return thereof in such manner as the court may direct.

Codes, 1857, ch. 62, art. 61; 1880, § 1901; 1892, § 490; 1906, § 540; Hemingway's 1917, § 297; 1930, § 177; 1942, § 2733; Laws, 1980, ch. 467, § 4, eff. 7/1/1980.

Notes of Decisions
Cited in 7 cases, 1973–1983 · leading case: Mississippi Chem. Corp. v. Chem. Constr. Corp., 444 F. Supp. 925 (S.D. Miss. 1977).
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Mississippi Chem. Corp. v. Chem. Constr. Corp., 444 F. Supp. 925 (S.D. Miss. 1977). · cites it 5× “Section 11-31-9, Mississippi Code of 1972.”
M P I, Inc. v. McCullough, 463 F. Supp. 887 (N.D. Miss. 1978). · cites it 5× “” § 11-31-9. 8 Where a decree is rendered without an appearance of the absent debtor, the chancery court, before proceeding to satisfy its decree, shall require the complainant to give security for the purpose of restoring the estate in the event the nonresident defendant shall…”
Penrod Drilling Co. v. Bounds, 433 So. 2d 916 (Miss. 1983). · cites it 2× “Section 11-31-9, Mississippi Code of 1972.”
Thompson v. F. W. Woolworth Co., 508 F. Supp. 522 (N.D. Miss. 1981). · cites it 2× “Miss.Code Ann. § 11-31-9 (1972). The action is essentially one in rem, but the action may proceed in personam against the nonresident debtor if summons has been personally served or if the nonresident debtor enters an appearance in the action.”
Mrs. Nancy K. Steele v. G. D. Searle & Co., 483 F.2d 339 (5th Cir. 1973). “Section 2733 (Miss.Code § 11-31-9 (1972)) provides for notice and the opportunity for the defendant to appear and be heard.”
Gough v. Mabsco, Inc., 335 So. 2d 910 (Miss. 1976). · cites it 2× “The suit was filed under Mississippi Code Annotated § 11-31-1 and § 11-31-9 (1972), attachments (garnishments) issued against the resident defendants Belmont and Harvey, and Mabsco was processed under Mississippi Code Annotated § 13-3-57 (1972) [Long Arm Statute], although the…”
Keelon v. Davis, 475 F. Supp. 204 (N.D. Miss. 1979). “§ 11-31-9. After a full and lucid discussion of the pertinent case law, Magistrate Roper, whose recommendation was approved verbatim by Judge Nixon, stated: Summarizing, this Court is of the opinion that the Mississippi attachment in chancery statutes are unconstitutional…”
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