Any person with an enforceable lien on any personal property, or right to the immediate possession thereof, or who asserts that such property has been wrongfully taken or detained may bring an action for claim and delivery by filing a complaint in writing, under oath, describing the property, setting forth his claim, share or interest therein, attaching an itemized account, if required, and giving the names of any other persons who have a similar or other claims or interests in such property. Thereupon the clerk or justice shall issue a writ directed to the proper officer to value the property, or so much thereof as may be necessary to satisfy the plaintiff's demand and cost, and to summon the persons named in the affidavit to appear in court, at the time fixed, to answer the complaint.
Laws, 1973, ch. 400, § 1, eff. March 28, 1973.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1977–2026 · leading case:
Wyatt v. Cole, 710 F. Supp. 180 (S.D. Miss. 1989).
Wyatt v. Cole, 710 F. Supp. 180 (S.D. Miss. 1989).
· cites it 2× “See Miss.Code Ann. § 11-38-1, et seq. (1988 Supp.”
One (1) Charter Arms v. State, 721 So. 2d 620 (Miss. 1998).
· cites it 2× “Such a lawsuit should be subject to the constitutional right of a jury trial in which there must be a 9 to 3 jury verdict. See Miss. Const.”
Magee v. Griffin, 345 So. 2d 1027 (Miss. 1977).
“" Griffin and GMAC answered and interposed, among other defenses, the defense of res judicata, exhibiting the entire file in its former action brought against Magee in the Circuit Court of Lincoln County for "Claim and Delivery" [Title 11, Chapter 38, §§ 11-38-1 through 11-38-9…”
Holladay v. Roberts, 425 F. Supp. 61 (N.D. Miss. 1977).
· cites it 2× “The Mississippi claim and delivery action, Miss.Code Ann. § 11-38-1 et seq. (Supp.1976), appears broad enough to encompass a challenge to state seizure of an automobile.”
Chrysler Credit Corp. v. Bank of Wiggins, 358 So. 2d 714 (Miss. 1978).
· cites it 2× “1976) sets forth the requirements in a declaration for claim and delivery as follows: "Any person with an enforceable lien on any personal property, or right to the immediate possession thereof, or who asserts that such property has been wrongfully taken or detained may bring an…”
Burns v. Delta Loans, Inc., 354 So. 2d 268 (Miss. 1978).
· cites it 2× “It could have proceeded under the Claim and Delivery Statute, section 11-38-1, et seq. or under the new replevin statute, section 11-37-101 to 11-37-157 Mississippi Code Annotated (1972).”
Cameron v. Chuck Ryan Cars, 374 So. 2d 1305 (Miss. 1979).
“BROOM, Justice, for the Court: Claim and delivery under Mississippi Code Annotated § 11-38-1 (1972, 1978 Supp.) is the form of this action brought by plaintiff/appellee, Chuck Ryan Cars (Chuck herein), against the defendant/appellant, Tommy Cameron (Cameron herein).”
Lewis (N.D. Miss. 2026).
“§ 11-38-1). Because a state remedy exists, Lewis’ deprivation of property claim is not properly brought as a § 1983 claim.”
Charter Arms v. State of Mississippi (Miss. 1993).
· cites it 2× “Such a lawsuit should be subject to the constitutional right of a jury trial in which there must be a 9 to 3 jury verdict. See Miss. Const. art. 3, § 31; Miss.”
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.