Mississippi Code

Miss. Code Ann. § 85-7-1 (2026)

Employer and employees; lien on crops

✓ current as of July 2026

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(1) Every employer shall have a lien on the share or interest of his employee in any crop made under such employment, for all advances of money, and for the fair market value of other things advanced by him, or anyone at his request, for supplies for himself, his family and business during the existence of such employment, which lien the employer may offset, recoup, or otherwise assert and maintain.

(2) Every employee, laborer, cropper, part owner, overseer or manager, or other person who may aid by his labor to make, gather, or prepare for sale or market any crop, shall have a lien on the interest of the person who contracts with him for such labor for his wages, share or interest in such crop, whatever may be the kind of wages or the nature of the interest, which lien such employee, laborer, cropper, part owner, overseer or manager, or other person may offset, recoup or otherwise assert and maintain.

(3) Except as provided in subsection (4) of this section, any lien arising under the provisions of this section shall be paramount to all liens and encumbrances or rights of any kind created by or against the person so contracting for such assistance when perfected in accordance with Uniform Commercial Code Article 9 - Secured Transactions (Section 75-9-101 et seq.), except the lien of the lessor of the land on which the crop is made, for rent and supplies furnished, as provided in the chapter on "Landlord and Tenant," appearing as Chapter 7 of Title 89, Mississippi Code of 1972.

(4) Any lien arising under the provisions of subsection (2) of this section in favor of any person other than an employee, laborer, cropper, part owner, overseer or manager as to crops or the proceeds thereof shall be effective against a third party only for a period of twenty-one (21) days from and after the time the labor is completed, unless within such period of time the lien is perfected in accordance with Uniform Commercial Code Article 9 - Secured Transactions (Section 75-9-101 et seq.). Any such lien in favor of any person other than an employee, laborer, cropper, overseer or manager which has not been perfected within the twenty-one-day period as herein provided shall, upon subsequent perfection of such lien, have the priority as against a third party to which a perfected security interest may be entitled under Uniform Commercial Code Article 9 - Secured Transactions (Section 75-9-101 et seq.).

Codes, 1880, § 1360; 1892, § 2682; 1906, § 3042; Hemingway's 1917, § 2400; 1930, § 2238; 1942, § 336; Laws, 1894, ch. 71; Laws, 1985, ch. 492; Laws, 2001, ch. 495, § 33, eff. 1/1/2002.

Notes of Decisions

Cited in 2 cases, 1986–2003 · leading case: Flora Compress & Warehouse Co. v. Virden, 642 F. Supp. 466 (S.D. Miss. 1986).

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Flora Compress & Warehouse Co. v. Virden, 642 F. Supp. 466 (S.D. Miss. 1986). · cites it 2× “Plaintiff claims entitlement to the benefit of a priority lien pursuant to the terms of Miss.Code Ann. § 85-7-1. That section provided 2 in pertinent part: Every employee, laborer, cropper, part owner, overseer or manager, or other person who may aid by his labor to make,…”

Tally Arms Condo. Ass'n v. Breland, 854 So. 2d 28 (Miss. Ct. App. 2003). “Does the statute or anything else prohibit giving effect to a notice that by its language seeks to include future dehnquent assessments within the hen? In other words, even if the statute does not make such a hen automatic, does it make notice of such a hen ineffective? ¶ 27.…”

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