Mississippi Code
Miss. Code Ann. § 11-33-9 (2026)
Grounds for attachment-affidavit
✓ current as of July 2026
The creditor, his agent or attorney, shall make oath before a judge of the supreme court, a judge of a circuit court, or a chancellor, or before a clerk of the circuit court or chancery court or the deputy of such clerk, or any justice court judge, or the mayor of any city, town or village, of the amount of his debt or demand, to the best of his knowledge and belief, and shall also make oath, to the best of his knowledge and belief, to one or more of the following grounds for attachment:
- (1) That the defendant is a foreign corporation, or a nonresident of this state; or
- (2) That he has removed, or is about to remove, himself or his property out of this state; or
- (3) That he so absconds or conceals himself that he cannot be served with a summons; or
- (4) That he contracted the debt or incurred the obligation in conducting the business of a ship, steamboat or other watercraft in some of the navigable waters of this state; or
- (5) That he has property or rights in action which he conceals, and unjustly refuses to apply to the payment of his debts; or
- (6) That he has assigned or disposed of, or is about to assign or dispose of, his property or rights in action, or some part thereof, with the intent to defraud his creditors; or
- (7) That he has converted, or is about to convert, his property into money or evidences of debt, with intent to place it beyond the reach of his creditors; or
- (8) That he fraudulently contracted the debt or incurred the obligation for which suit has been or is about to be brought; or
- (9) That he is buying, selling, or dealing in, or has, within six (6) months next before the suing out of the attachment, directly or indirectly bought, sold, or dealt in future contracts, commonly called "futures"; or
- (10) That he is in default for public money, due from him as a principal, to the state, or some county, city, town, or village thereof; or
- (11) That defendant is a banker, banking company or corporation, and received deposits of money knowing at the time he or it was insolvent; or has made or published a false or fraudulent statement as to his or its financial condition; or
- (12) That a judgment lien under Title 93, Mississippi Code of 1972, has been enrolled against said obligor for nonpayment of an order for support as defined by Section 93-11-101, Mississippi Code of 1972, as amended.
Codes, Hutchinson's 1848, ch. 56 art. 4 (6); 1857, ch. 52, art. 2; 1871, §§ 1420 et seq.; 1880, § 2413; 1892, § 129; 1906, § 133; Hemingway's 1917, § 125; 1930, § 123; 1942, § 2679; Laws, 1997, ch. 588, § 132, eff. 7/1/1997.
Notes of Decisions
Cited in 2
cases, 1975–1977 · leading case: Mississippi Chem. Corp. v. Chem. Constr. Corp., 444 F. Supp. 925 (S.D. Miss. 1977).
Mississippi Chem. Corp. v. Chem. Constr. Corp., 444 F. Supp. 925 (S.D. Miss. 1977). “Sections 11-33-9 11 and 11-33-11 12 provide that the attachment at law may be initiated by Plaintiff’s making an affidavit and giving bond in the amount of double the sum for which complaint is made, conditioned on paying any damages for wrongful suing out of the attachment.”
Tower Loan Brokers of Mississippi, Inc. v. Davis, 320 So. 2d 770 (Miss. 1975). “Mississippi Code Annotated section 11-33-9 (1972) provides in part: “The creditor, his agent or attorney, shall make oath before .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.