Mississippi Eviction Overview

In Mississippi, an unlawful entry and detainer action is the statutory summary proceeding to obtain possession of real property after a foreclosure sale and must be brought within one (1) year of being deprived of possession. Following a foreclosure sale, the purchaser (or owner) usually makes written demand for possession of the property, though there is no explicit notice provision in the Mississippi Code.

Filing a complaint in the appropriate court initiates the actual legal proceeding to evict the occupant. The Complaint usually states the purchaser is the owner of the property and the occupant is a tenant holding over after a foreclosure sale. When the complaint is filed with the clerk of the justice court, the clerk issues a summons and schedules the hearing. The hearing is scheduled for not less than five (5) days or more than twenty (20) days after the date the Complaint is filed. Then the clerk completes a warrant inserting the date, time and place of the hearing. After these papers are completed, the Sheriff or a process server serves the occupant with the Complaint, the summons, and the warrant to appear at the hearing.

If the occupant does not appear at the hearing, then the owner is entitled to an order allowing eviction or judgment for possession by default. If the borrower or occupant appears, a trial occurs which normally results in an order entitling the owner to a judgment and a Writ of Habere Facias Possessionem. At a contested hearing, the owner must present evidence showing the foreclosure sale occurred and the owner was the purchaser or a transferee of the purchaser at the foreclosure sale. Once the owner proves these facts, the owner is entitled to a judgment and a Writ of Habere Facias Possessionem. This Writ entitles the owner to the actual eviction process.

The Writ Habere Facias Possessionem shall not be issued until five (5) days have elapsed. After this five (5)-day period has elapsed, the court then issues the Writ of Habere Facias Possessionem. Then the owner may schedule the eviction with the sheriff’s office. The lender’s labor crew, under the supervision of the sheriff, carries out the actual eviction. On the scheduled date, the personal property is “set out” on the curbside.

If you have any questions, please refer to the Evictions section of our Contact page.

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