The assignee of any chose in action may sue for and recover on the same in his own name, if the assignment be in writing. In case of a transfer or an assignment of any interest in such chose in action before or after suit brought, the action may be begun, prosecuted and continued in the name of the original party, or the court may allow the person to whom the transfer or assignment of such interest has been made, upon his application therefor, to be substituted as a party plaintiff in said action. If in any case a transfer or assignment of interest in any demand or chose in action be made in writing before or after suit is filed, to an attorney or firm of attorneys, appearing in the case, it shall be sufficient notice to all parties of such assignment or transfer, if such assignment or transfer be filed with the papers in said cause, and such attorney or attorneys shall not be required to be made parties to said suit. An "assignee" for purposes of this section includes both absolute assignees, with or without recourse, and conditional or limited assignees including assignees for collection purposes.
Codes, Hemingway's 1917, § 497; 1930, § 505; 1942, § 1448; Laws, 1916, ch. 134; Laws, 2001, ch. 359, § 1, eff. 7/1/2001.
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1985–2023 · leading case:
In Re Est. of England, 846 So. 2d 1060 (Miss. Ct. App. 2003).
In Re Est. of England, 846 So. 2d 1060 (Miss. Ct. App. 2003).
· cites it 2× “argued that the instrument is a valid and enforceable holographic will and is not superceded by the wrongful death statute, or alternatively, that the instrument is a valid assignment of a chose in action pursuant to Miss.Code Ann. § 11-7-3. Willie further argued that he *1064…”
Sneed v. Ford Motor Co., 735 So. 2d 306 (Miss. 1999).
· cites it 3× “Any attorney who shall file a false affidavit, or violate any other provision of sections 97-9-11 to 97-9-23, and who is not a member of the Mississippi Bar shall, in addition to the other penalties provided by sections 97-9-11 to 97-9-23, be forever barred from practicing…”
Ladner v. Logan, 857 So. 2d 764 (Miss. 2003).
· cites it 2× “Cheryl's sole authority in support of her assignment of error that the chancellor erred in failing to recognize the documents by which the children purport to simultaneously join the action, waive all process, and assign all of their rights to their unpaid child support to their…”
Flowers v. McCraw, 792 So. 2d 339 (Miss. Ct. App. 2001).
“By statute, "any chose in action or any interest therein, after suit has been filed thereon, may be sold or assigned the same as other property, whether such cause of action or any interest therein was heretofore assignable under the laws of this state or not." Miss.”
Kaplan v. Harco Nat. Ins. Co., 716 So. 2d 673 (Miss. Ct. App. 1998).
“" Miss. Code Ann. § 11-7-3 (1972). That is an independent basis for an assignment and has been held not to be in conflict with the previously-quoted statute that requires a suit by the original party in interest to have been filed.”
Wilson v. Giordano Ins. Agency, Inc., 475 So. 2d 414 (Miss. 1985).
“*418 ROBERTSON, Justice, dissenting: I. Without doubt our law recognizes and enforces assignments of rights of action such as that made here by John P.”
Mississippi Phosphates Corp. v. Analytic Stress Relieving, Inc., 402 F. App'x 866 (5th Cir. 2010).
“Miss.Code § 11-7-3 (emphasis added). Additionally, Rule 25(c) of the Federal Rules of Civil Procedure provides that if *875 “an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be…”
Stephen R. Ward, Inc. v. United States Fid. & Guar. Co., 681 F. Supp. 389 (S.D. Miss. 1988).
“The validity of assignments of dios-es in action is codified at Miss.Code Ann., § 11-7-3 (1972), which states that: The assignee of any chose in action may sue for and recover on the same in his own name, if the assignment be in writing.”
Martinez v. Martinez, 860 So. 2d 1247 (Miss. Ct. App. 2003).
“Claims can be the basis for suit by an injured party, can be assigned for others to pursue (Miss.Code Ann. § 11-7-3 (1972)), or can be voluntarily abandoned.”
Cheryl Ladner v. Woodrow Logan (Miss. 2002).
· cites it 2× “Cheryl's sole authority in support of her assignment of error that the chancellor erred in failing to recognize the documents by which the children purport to simultaneously join the action, waive all process, and assign all of their rights to their unpaid child support to their…”
United States Fire Ins. Co. v. Ford Motor Co., Inc. (Miss. 1997).
· cites it 3× “Any attorney who shall file a false affidavit, or violate any other provision of sections 97-9-11 to 97-9-23, and who is not a member of the Mississippi Bar shall, in addition to the other penalties provided by sections 97-9-11 to 97-9-23, be forever barred from practicing…”
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