Any person entitled to and desiring to have the benefit of a lien under Section 85-7-131 shall commence his suit in the circuit or county court of the county in which the property or some part thereof is situated, if the principal of his demand exceeds Two Hundred Dollars ($200.00), within twelve (12) months next after the time when the money due and claimed by the suit became due and payable following the day on which the last of the labor was performed or material or rental or lease equipment was supplied by the person bringing the action, and not after; and the suit shall be commenced by petition, describing with reasonable certainty the property upon which the lien is averred to exist, and setting out the nature of the contract and indebtedness, and the amount thereof; and the plaintiff shall file therewith in all cases, except where the whole work or materials, or both, were furnished in pursuance of a written contract for an aggregate price, a bill of particulars exhibiting the amount and kind of labor performed, and of materials furnished, and the prices at which and times when the same were performed and furnished; and such suits shall be docketed and conducted as other suits in that court, and may be tried at the first term.
Codes, Hutchinson's 1848, ch. 45, art. 7 (3); 1857, ch. 39, art. 6; 1871, § 1609; 1880, § 1384; 1892, § 2702; 1906, § 3062; Hemingway's 1917, § 2422; 1930, § 2262; 1942, § 360; Laws, 1904, ch. 152; Laws, 2011, ch. 457, § 1, eff. 7/1/2011.
Amended by Laws, 2014, ch. 487, SB 2622, 20, eff. 4/11/2014.
Notes of Decisions
Garner v. Hickman, 733 So. 2d 191 (Miss. 1999).
“Miss.Code Ann. §§ 85-7-141 through 85-7-157 provide for suits to enforce a mechanic's, materialman's or contractor's lien.”
In Re Wiltcher, 204 B.R. 488 (Bankr. S.D. Miss. 1996).
· cites it 2× “Miss.Code Ann § 85-7-141 (1972). The issue which the Court must decide is whether a construction lien arising under Mississippi law, which law also requires the commencement of a suit to enforce the lien, is a statutory lien or a judgment hen.”
Cummings v. Davis, 751 So. 2d 1055 (Miss. Ct. App. 1999).
“Miss.Code Ann. § 85-7-141 (Rev.1991). That the circuit court is the proper situs for suits to enforce the lien does not mean that a chancellor has no jurisdiction to restrain a private person’s efforts to hold himself out as possessing such a lien.”
Watkins Dev. LLC v. Jackson Redevelopment Auth. (Miss. 2019).
“Miss. Code Ann. § 85-7-141 (Supp. 2018). Thus, a mechanic’s lien could not be enforced because the creditor would have to sue and secure a judgment, but Section 43-35-25(a) forbids the resulting judgment’s being executed on municipal property held for purposes of the Urban…”
In re Mitchell, 276 B.R. 142 (Bankr. N.D. Miss. 2001).
“The mechanism for enforcing a construction hen under Mississippi law is provided by Miss.Code Ann § 85-7-141, which provides, in pertinent part, as follows: § 85-7-141.”
George Garner v. Lana Hickman (Miss. 1997).
“Miss. Code Ann. §§ 85-7-141 through 85-7-157 provide for suits to enforce a mechanic's, materialman's or contractor's lien.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.