Mississippi Code
Miss. Code Ann. § 11-7-305 (2026)
Affidavit of filing; notice; execution
✓ current as of July 2026
- (1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the circuit court, as the case may be, an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor.
- (2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
- (3) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until twenty (20) days after the date the judgment is filed.
Laws, 1984, ch. 403, § 3, eff. 7/1/1984.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1998–2024 · leading case: Global Oceanic Enter., Inc. v. Hynum, 857 So. 2d 659 (Miss. 2003).
Global Oceanic Enter., Inc. v. Hynum, 857 So. 2d 659 (Miss. 2003). “Applying these principles here, Hynum's claim that Global and Coppola obtained personal jurisdiction through extrinsic fraud and thereby secured a default judgment which is not entitled to full faith and credit has merit. All of the facts presented show that Global and Coppola…”
Parker v. Livingston, 817 So. 2d 554 (Miss. 2002). “This was done pursuant to Mississippi’s enrollment of foreign judgments statute, Miss.Code Ann. § 11-7-305 (Supp.2001). Unbeknownst to the Plaintiffs at the time, the circuit clerks did not mail the accompanying notices of filing required by the statute.”
PATRIOT LEASING v. Jerry Enis Motors, 928 So. 2d 856 (Miss. 2006). “Hunter, Patriot's attorney licensed in Mississippi, provided the affidavit attached to the foreign judgment pursuant to Miss.Code Ann. § 11-7-305. The affidavit provided: (1) "Patriot Commercial Leasing Co.”
Schwartz v. Hynum, 933 So. 2d 1039 (Miss. Ct. App. 2006). “2d at 819 ; Miss.Code Ann. § 11-7-305(3) (providing that no execution shall issue for twenty days after the enrollment of a foreign judgment).”
Magallanes v. Magallanes, 802 So. 2d 174 (Miss. Ct. App. 2001). “In support of this argument, they cite Miss.Code Ann. § 11-7-305(3). That statute reads as follows: "No execution or other process for enforcement of a foreign judgment filed hereunder shall issue *176 until twenty (20) days after the date the judgment is filed.”
North Dallas Bank & Trust Co. v. John M. Mabry, 271 So. 3d 629 (Miss. Ct. App. 2018). “at 175 (¶ 5) (citing Miss. Code Ann. § 11-7-305 (3) ). This Court rejected the plaintiffs' waiver argument, stating succinctly: "The [plaintiffs] in this case did not enroll their [foreign] judgment within seven years as required by the statute; therefore, the judgment cannot be…”
Tennessee Props., Inc. v. S. Pilot Ins., 766 So. 2d 44 (Miss. Ct. App. 2000). “” On September 22, 1998, the Circuit Clerk of Hinds County mailed a notice of filing and enrollment of judgment to Southern Pilot pursuant to Miss.Code Ann. § 11-7-305 (Supp.1999). On October 12, 1998, Southern Pilot served and filed an objection to enrollment of purported…”
Global Oceanic Enter., Inc. v. Wayne Hynum (Miss. 2002). “at 819; Miss. Code Ann. § 11-7-305 (3).4 ¶26. Applying these principles here, Hynum's claim that Global and Coppola obtained personal jurisdiction through extrinsic fraud and thereby secured a default judgment which is not entitled to full faith and credit has merit.”
In The Matter of The Est. of Harper Marie Provenza, Deceased: Cody W. Gibson & Benjamin L. Provenza v. Donna McNatt & Rebecca W. Provenza, of the Est. of Louis J. Provenza, Individually, & as a Member of Northshore Grp., LLC; & Northshore Grp., LLC (Miss. 2024). “6 Miss. Code Ann. § 11-7-305 . Section 11-7-305 simply does not apply to a foreign child- custody order like the one presented to the chancery court.”
Dorothy Lavon Coleman v. WGST, LLC, Keith M. Coleman, Fid. Nat'l Fin., Inc. d/b/a Fid. Nat'l Fin. Title Grp. & Matthew Wilson (Miss. Ct. App. 2021). “” Miss. Code Ann. § 11-7-305 (3). In her brief, Dorothy provides the following hypothetical: [A] foreign judgment creditor enrolls her judgment here in Mississippi on the sixth year and three-hundred and sixty-fourth day.”
Beverly A. Parker v. Dan Livingston (Miss. 1998). “This was done pursuant to Mississippi's enrollment of foreign judgments statute, Miss. Code Ann. § 11-7-305 (Supp. 2001). Unbeknownst to the Plaintiffs at the time, the circuit clerks did not mail the accompanying notices of filing required by the statute.”
Patriot Com. Leasing Co. v. Jerry Enis Motors, Inc. (Miss. 2005). “Hunter, Patriot’s attorney licensed in Mississippi, provided the affidavit attached to the foreign judgment pursuant to Miss. Code Ann. § 11-7-305 . The affidavit provided: (1) “Patriot Commercial Leasing Co.”
— Miss. Code Ann. § 11-7-305(3) — 3 cases
Global Oceanic Enter., Inc. v. Hynum, 857 So. 2d 659 (Miss. 2003). “Applying these principles here, Hynum's claim that Global and Coppola obtained personal jurisdiction through extrinsic fraud and thereby secured a default judgment which is not entitled to full faith and credit has merit. All of the facts presented show that Global and Coppola…”
Schwartz v. Hynum, 933 So. 2d 1039 (Miss. Ct. App. 2006). “2d at 819 ; Miss.Code Ann. § 11-7-305(3) (providing that no execution shall issue for twenty days after the enrollment of a foreign judgment).”
Magallanes v. Magallanes, 802 So. 2d 174 (Miss. Ct. App. 2001). “In support of this argument, they cite Miss.Code Ann. § 11-7-305(3). That statute reads as follows: "No execution or other process for enforcement of a foreign judgment filed hereunder shall issue *176 until twenty (20) days after the date the judgment is filed.”
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