Mississippi § 85-3-5 - Execution or attachment of personal property; plaintiff’s indemnity bond; liability of officer.
Full text of Mississippi Mississippi Code of 1972 Annotated § 85-3-5 — Execution or attachment of personal property; plaintiff’s indemnity bond; liability of officer., with citation guidance and answers to common questions.
§ 85-3-5. Execution or attachment of personal property; plaintiff’s indemnity bond; liability of officer.
If any sheriff or other officer shall levy or be about to levy an execution or attachment on any personal property claimed as exempt, and a doubt shall arise as to the liability of the property to be sold, he may demand of the plaintiff a bond, with sufficient sureties, payable to such officer, in a sufficient penalty, conditioned to indemnify and save harmless the officer against all damages which he may sustain in consequence of the seizure or sale of the property, and to pay the defendant all damages which he may sustain in consequence of the seizure or sale; and if such bond be not given, after reasonable notice, in writing, from the officer to the plaintiff, his agent or attorney, that it is required, the officer may refuse to levy, or, having levied, may dismiss the levy; but if the required bond be given, the officer shall seize and sell or dispose of the property according to the command of the process in his hands, and shall return the bond with the execution or attachment. If an officer shall seize personal property exempt from execution, he shall be liable to an action at the suit of the owner for all damages sustained thereby, unless he have taken an indemnifying bond.
Source: official Mississippi text · Last verified 2026-08-27
Frequently Asked Questions About Mississippi § 85-3-5
What does Mississippi Code of 1972 Annotated § 85-3-5 cover?
Section 85-3-5 ("Execution or attachment of personal property; plaintiff’s indemnity bond; liability of officer.") 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 § 85-3-5?
A common citation format is "Mississippi Code of 1972 Annotated § 85-3-5" (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 § 85-3-5 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.