Mississippi Code
Miss. Code Ann. § 15-1-47 (2024)
Lien of judgments limited
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
A judgment or decree rendered in any court held in this state shall not be a lien on the property of the defendant therein for a longer period than seven years from the rendition thereof, unless an action be brought thereon before the expiration of such time. However, the time during which the execution of a judgment or decree shall be stayed or enjoined by supersedeas, injunction or other process, shall not be computed as any part of the period of seven years.
Codes, Hutchinson's 1848, ch. 57, art. 6 (13); 1857, ch. 57, art. 15; 1871, § 2159; 1880, § 2680; 1892, § 2750; 1906, § 3110; Hemingway's 1917, § 2474; 1930, § 2305; 1942, § 735.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1980–2024 · leading case: Trustmark Nat. Bank v. PIKE CTY. NAT. BANK, 716 So. 2d 618 (Miss. 1998).
Trustmark Nat. Bank v. PIKE CTY. NAT. BANK, 716 So. 2d 618 (Miss. 1998). “Because Trustmark could not execute on the judgment, the time in which the bankruptcy proceedings were taking place (4 years, 4 months, and 16 days) should not be computed as any part of the seven year limitations period prescribed in Miss. Code Ann. § 15-1-47 (1995). Therefore,…”
Quality Diesel Serv., Inc. v. Tiger Drilling Co., LLC, 190 So. 3d 860 (Miss. 2016). “Pierce, this Court held that “a valid judgment is essential 8 Miss. Code Ann. § 15-1-47 (Rev. 2012) (emphasis added).”
Enroth v. Mem'l Hosp. at Gulfport, 566 So. 2d 202 (Miss. 1990). “More importantly, by this time more than seven years had elapsed since the judgment had been enrolled, without renewal, see Miss. Code Ann. § 15-1-47 (1972). As perfect as it may be when enrolled, a judgment lien does not persist in perpetuity and is ordinarily extinguished…”
Parker v. Livingston, 817 So. 2d 554 (Miss. 2002). “Miss.Code Ann. § 15-1-47 (1995). ¶ 23. The Defendants’ reliance on § 15- 1-A1 is misplaced because it concerns judgments that are rendered in this state.”
Johnson v. Parker Tractor & Implement Co., 132 So. 3d 1032 (Miss. 2014). “Miss.Code Ann. § 15-1-47 (Rev.2012) (emphasis added).”
In Re Shavers, 418 B.R. 589 (Bankr. S.D. Miss. 2009). “See Miss.Code Ann. § 15-1-47 (judgment lien expires after seven years unless renewed).”
Keith Patrick Smith v. Mary Bryant Smith, 203 So. 3d 1150 (Miss. Ct. App. 2016). “See Miss. Code Ann. § 15-1-43 (Rev. 2012); Miss.”
Lewis v. Smith, 110 So. 3d 811 (Miss. Ct. App. 2013). “Smith argued that the judgment placing 'him in contempt for failure to pay the $5,500 was over seven years old and, therefore, had expired under Mississippi Code Annotated section 15-1-47 (Rev. 2012). ¶4. On May 17, 2011, the trial court entered an order canceling the writ of…”
Anderson-Tully Co. v. Brown, 383 So. 2d 1389 (Miss. 1980). “Another interesting bit of testimony is that Anderson-Tully's policy was not to file answers on garnishment writs served upon the company. Under Mississippi Code Annotated § 15-1-43 (1972), after seven years a judgment as well as an execution thereon effectively lapses.”
Deposit Guar. Nat. Bank v. Biglane, 427 So. 2d 945 (Miss. 1983). “According to Mississippi Code Annotated § 15-1-47 (1972), a judgment lien expires in seven years unless suit is brought on the judgment.”
Nationalcare Corp. v. St. Paul Prop. & Cas. Ins., 22 F. Supp. 2d 558 (S.D. Miss. 1998). “§ 15-1-47 as the basis for its request for dismissal of plaintiffs’ malicious prosecution and abuse of process claims against it, pointing out in its motion that its lawsuit against Nationalcare was commenced more than a year before plaintiffs filed this lawsuit on September 24,…”
Haynes v. First United Bank, 133 B.R. 783 (N.D. Miss. 1991). “First United Bank failed to renew and re-enroll its judgment by filing suit for the balance due before expiration of the seven (7) year limitation period, as required by Miss.Code Ann. § 15-1-47 (1972), and as a result, the default judgment and writ of garnishment had no effect…”
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