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Current as of January 01, 2025 | Updated by Findlaw Staff
The affidavit for an attachment for rent and supplies, or either, may be in the following form, viz.:
“State of Mississippi,
__________ County.
“Before me, __________, a justice of the peace of the County of __________, came __________, who, being duly sworn, says on oath: That __________ [the tenant] is indebted to him [or if the affidavit be made by an agent or attorney, strike out ‘him’ and insert the name of the landlord or person to whom the rent is due, and add after the landlord's name, ‘of whom the affiant is agent’] in the sum of __________ dollars for rent in arrears [or if the rent be not due, strike out the words ‘in arrears,’ and insert ‘to become due on the ___ day of __________, A.D. __________’] by virtue of a lease for the term commencing on the ___ day of __________, A.D. __________, and ending on the ___ day of __________, A.D.__________ of land situated in __________ County, and described as [here describe the leased premises; it is well to describe by name, if it has one, or by its occupants, and if such be the case it would be well to say ‘and occupied by said __________, tenant, during the year __________’].
“And the said __________, the tenant, is further indebted to affiant [or if the oath be made by an agent or attorney, strike out ‘affiant’ and insert the name of the landlord or person to whom the debt is due] in the further sum of __________ dollars, now due [if the debt be not due, strike out the words ‘now due,’ and insert ‘to become due on the ___ day of __________, A.D.’] __________ of which supplies a bill of particulars is attached hereto. Affiant [or if made by an agent or attorney, say ‘affiant's said principal’] claims a lie the following agricultural products raised during the year __________, on the said leased premises [here describe the products, giving their location, if known, for the officer's guidance].
“Sworn to and subscribed before me, this the ___ day of __________, A.D. __________
(a) If the attachment be for rent only, strike out all relating to supplies; and if the claim be for supplies only, strike out all relating to the sum due for rent, and alter the form to suit the case.
(b) If the claim be not due, add to the form the following words: “And affiant has just cause to suspect, and does verily believe that the said tenant will remove [or has removed, as the case may be] his effects from said leased premises before said claim [or claims] be or shall become due, so that a distress or seizure cannot be made therefor, or so as to impair the landlord's lien on the agricultural products raised on the premises.”
(c) If the rent be for part of the crop, or other thing than money, the affidavit should state it as it is, giving the money value of what is due.
Cite this article: FindLaw.com - Mississippi Code Title 89. Real and Personal Property § 89-7-63 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-89-real-and-personal-property/ms-code-sect-89-7-63/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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