Mississippi Code
Miss. Code Ann. § 11-37-101 (2026)
How replevin commenced; immediate seizure of property sought
✓ current as of July 2026
If any person, his agent or attorney, shall file a complaint under oath setting forth:
- (a) A description of any personal property;
- (b) The value thereof, giving the value of each separate article and the value of the total of all articles;
- (c) The plaintiff is entitled to the immediate possession thereof, setting forth all facts and circumstances upon which the plaintiff relies for his claim, and exhibiting all contracts and documents evidencing his claim;
- (d) That the property is in the possession of the defendant; and
- (e) That the defendant wrongfully took and detains or wrongfully detains the same; and shall present such pleadings to a justice of the Supreme Court, a judge of the circuit court, a chancellor, a county judge, a justice court judge or other duly elected judge, such justice or judge may issue an order directing the clerk of such court to issue a writ of replevin for the seizure of the property described in said complaint, upon the plaintiff posting a good and valid replevin bond in favor of the defendant, for double the value of the property as alleged in the complaint, conditioned to pay any damages which may arise from the wrongful seizure of said property by the plaintiff. The said writ shall be directed to the sheriff or other lawful officer, returnable as a summons before the proper circuit or county court where the value of the property, as alleged in the complaint, exceeds the jurisdictional amount of the justice court, or to the circuit or county court or the proper justice court if the value shall not exceed such amount. The complaint along with the order of the court, the writ of replevin with the officer's return thereon, and the bond of the plaintiff shall be filed in the proper court at once. Writs of replevin may be made returnable to the proper court of another county where the property may be found.
Laws, 1975, ch. 508, § 1; Laws, 1990, ch. 344, § 1, eff. 7/1/1990.
Notes of Decisions
Cited in 39
cases (3 in the last 5 years), 1977–2022 · leading case: Ivy v. Merch., 666 So. 2d 445 (Miss. 1995).
Ivy v. Merch., 666 So. 2d 445 (Miss. 1995). “They maintained that Ivy's pleadings of fact and affidavit provided no basis for an inference nor set forth any evidence that these officers wrongfully detain his property, an essential element under § 11-37-101. The record indicated that, by Officer Merchant's responses to…”
Wyatt v. Cole, 710 F. Supp. 180 (S.D. Miss. 1989). “) Miss. Code Ann. § 11-37-101 (1988 Supp.) The judge is given discretion only to determine proper valuation of the property to be seized.”
Lacoste v. Sys. & Servs. Tech., Inc., 126 So. 3d 111 (Miss. Ct. App. 2013). “Instead of seeking immediate seizure of the RV under Mississippi Code Annotated section 11-37-101 (Rev.2012), SST elected to follow the procedure of section 11-37-131 (Rev.”
Wyatt v. Cole, 504 U.S. 158 (1992). “Miss. Code Ann. § 11-37-101 (Supp. 1991).”
Robert W. Stratton, Sr. v. Jerry Mckey, 204 So. 3d 1245 (Miss. 2016). “r Mississippi Code Section 11-37-131 (emphasis added), which provides: If any person, his agent or attorney, shall desire to institute an action of re-plevin without the necessity of posting bond, and without requesting the immediate seizure of the property in question, he sháll…”
Magee v. Covington Cnty. Bank, 119 So. 3d 1053 (Miss. Ct. App. 2012). “The replevin statutes, Mississippi Code Annotated section 11-37-101 through 11-37-157 (Rev.”
Earl Ross v. Shellie R. Stewart, 227 So. 3d 406 (Miss. Ct. App. 2017). “Miss. Code Ann. §§ 11-37-101 & 11-37-141 (Rev.”
Rush v. North Am. Van Lines, Inc., 608 So. 2d 1205 (Miss. 1992). “FACTS On April 25, 1989, an attorney representing Rush appeared before the Circuit Court of Kemper County and sought to present Rush's defenses to a replevin action North American had pending based upon Miss. Code Ann. § 11-37-101 (Supp. 1989).”
Odom v. Raypress Corp., 601 So. 2d 856 (Miss. 1992). “In December 1988, Raypress filed a complaint and a replevin bond in the Lauder-dale County Circuit Court — seeking the immediate seizure of the press under authority of Miss.Code Ann. § 11-37-101 (1972). 1 *857 Judge Larry E.”
Howard L. Wyatt, Plaintiff-Appellant-Cross-Appellee v. Bill Cole, & Lloyd S. Jones, Wiley Magee & Mike Moore, Defendants-Appellees-Cross-Appellants, 928 F.2d 718 (5th Cir. 1991). “Judge Yeager dismissed the action without prejudice on September 3, 1988, although Cole had not yet complied with the October 3, 1986, order.”
Ivy v. Gen. Motors Acceptance Corp., 612 So. 2d 1108 (Miss. 1992). “This entire misadventure could have been avoided if the creditor had simply followed the replevin procedures set out in Miss. Code Ann. § 11-37-101 et seq. While Mississippi still permits creditors to employ the remedy of self-help when retrieving their property from chattle…”
Underwood v. Foremost Fin. Servs., 563 So. 2d 1387 (Miss. 1990). “[Foremost] properly proceeded to take immediate possession of the [Underwoods'] property according to the provisions of Miss. Code Ann. § 11-37-101 (Supp. 1987), a law [Foremost] was entitled to assume was constitutional.”
— Miss. Code Ann. § 11-37-101(a) — 1 case
Crowell v. Butts, 153 So. 3d 719 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 11-37-101(e) — 2 cases
Lacoste v. Sys. & Servs. Tech., Inc., 126 So. 3d 111 (Miss. Ct. App. 2013). “Instead of seeking immediate seizure of the RV under Mississippi Code Annotated section 11-37-101 (Rev.2012), SST elected to follow the procedure of section 11-37-131 (Rev.”
Willie Crowell v. Anne Butts, 153 So. 3d 684 (Miss. 2014).
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.