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45 chapters · 760 sections in this title.
Miss. Code Ann. § 11-38-1 Commencement of action
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Any person with an enforceable lien on any personal property, or right to the immediate possession thereof, or who asserts that such property has been wrongfully taken or detained may bring an action for claim and delivery by filing a complaint in writing, under oath, describing …
Miss. Code Ann. § 11-38-3 Venue; issuance and return of process; jurisdiction of court; right to jury trial
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The action for claim and delivery may be instituted in the circuit or county court of a county, or the justice court of a county, in which the defendant, or one (1) of several of them, resides or where the property, or some of it, may be found. Proper process shall issue to other…
Miss. Code Ann. § 11-38-5 Preliminary hearing
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The clerk or justice issuing the writ may also, by a separate summons, require the parties to appear before him for a preliminary hearing to determine the rights of the parties to immediate possession of the property involved, at a time and place fixed in the summons, but shall a…
Miss. Code Ann. § 11-38-7 Answer; judgment
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The defendant, or any interested person, may contest the demand of the plaintiff on or before the return day of the writ by filing an answer in writing, under oath, of his claim or defense, itemizing his account, if any, and the case shall be then at issue between the parties, an…
