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Mississippi Code

Miss. Code Ann. § 11-9-127 (2026)

Trial and judgment; execution

✓ current as of July 2026
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On the return day of the summons, unless continued, the justice court judge shall hear and determine the cause if both parties appear; give judgment by default if the defendant fails to appear and contest plaintiff's demand, or judgment of nonsuit against the plaintiff if he fails to appear and prosecute his claim; enter judgment in favor of the defendant where, in case of setoff, it shall appear that there is a balance due him, for the amount of such balance, and, when requested, issue execution against the goods and chattels, lands and tenements, of the party against whom judgment is rendered, for the amount of the judgment and costs, or costs alone, as the case may require, returnable to a day more than twenty (20) days after the rendition of the judgment, and not more than six (6) months after the issuance of the execution; and the execution may be directed to the proper officer of any county in this state.

Codes, Hutchinson's 1848, ch. 50, art. 2 (9); 1857, ch. 58, art. 7; 1871, § 1307; 1880, § 2205; 1892, § 2412; 1906, § 2741; Hemingway's 1917, § 2240; 1930, § 2089; 1942, § 1823; Laws, 1991, ch. 453, § 1, eff. 7/1/1991.

Notes of Decisions
Cited in 2 cases, 2002–2003 · leading case: Franklin Collection Serv., Inc. v. Stewart, 863 So. 2d 925 (Miss. 2003).
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Franklin Collection Serv., Inc. v. Stewart, 863 So. 2d 925 (Miss. 2003). “Miss.Code Ann. § 11-9-127 (Supp.2003) provides that a justice court judge can enter a default judgment against one or more parties that fail to appear before the court on the specified trial date.”
Franklin Collection Serv., Inc. v. Jerry Stewart, No. 2002-IA-00591-SCT (Miss. Apr. 4, 2002). “Miss. Code Ann. § 11-9-127 (Supp. 2003) provides that a justice court judge can enter a default judgment against one or more parties that fail to appear before the court on the specified trial date.”
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