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Mississippi Code

Miss. Code Ann. § 11-9-125 (2026)

Setoff filed on return day before trial

✓ current as of July 2026
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The defendant in any action shall, on or before the return day of the summons, and before the trial of the case, file with the justice court judge to whom the case is assigned the evidence of debt, statement of account, or other written statement of the claim, if any, which he may desire to and which lawfully may be set off against the demand of the plaintiff, and, in default thereof, he shall not be permitted to use it on the trial.

Codes, 1871, § 1306; 1880, § 2204; 1892, § 2411; 1906, § 2740; Hemingway's 1917, § 2239; 1930, § 2088; 1942, § 1822; Laws, 1981, ch. 471, § 30; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to § 9-11-27(3).

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Willie v. Amerada Hess Corp., 66 V.I. 23 (2017).
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Willie v. Amerada Hess Corp., 66 V.I. 23 (2017). “”); Miss. Code Ann. § 11-9-125 . But cf. Gouty v.”
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