Mississippi § 11-38-1 - Commencement of action.
Full text of Mississippi Mississippi Code of 1972 Annotated § 11-38-1 — Commencement of action., with citation guidance and answers to common questions.
§ 11-38-1. Commencement of action.
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 the property, setting forth his claim, share or interest therein, attaching an itemized account, if required, and giving the names of any other persons who have a similar or other claims or interests in such property. Thereupon the clerk or justice shall issue a writ directed to the proper officer to value the property, or so much thereof as may be necessary to satisfy the plaintiff’s demand and cost, and to summon the persons named in the affidavit to appear in court, at the time fixed, to answer the complaint.
Source: official Mississippi text · Last verified 2026-08-27
Frequently Asked Questions About Mississippi § 11-38-1
What does Mississippi Code of 1972 Annotated § 11-38-1 cover?
Section 11-38-1 ("Commencement of action.") is part of the Mississippi Code of 1972 Annotated, the codified statutory law of Mississippi. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Mississippi § 11-38-1?
A common citation format is "Mississippi Code of 1972 Annotated § 11-38-1" (Mississippi). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Mississippi law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Mississippi official source linked on this page or consult a licensed Mississippi attorney.
How does Mississippi § 11-38-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Mississippi can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Mississippi.