Attachment

"To secure issuance of a writ of attachment, the creditor must file an affidavit setting forth the grounds for the attachment, including the specific reasons why the creditors ability to recover will be impaired without the writ, a statement of the amount sought to be recovered, a statement that the claim is not discharged by or pending in a Bankruptcy case, a statement that to the knowledge of the creditor the property sought to be attached is not exempt, and a listing of any other persons known to the creditor to have an interest in the property to be attached and a description of such interest. Miss. Code Ann. 11-31-2(1)

An order of attachment may be issued if it is found that unless the order of attachment is issued, the complainant’s ability to recover the amount of his claim may be significantly impaired or impeded; the affidavit establishes a prima facie case demonstrating the complainant’s right to recover on his claim against the defendant; and complainant gives security in an amount satisfactory to the chancellor to abide further orders of the court and to protect the defendant from injury should the action of attachment be judicially determined to have been wrongfully brought. Miss. Code Ann. 11-31-2(2).

If the writ is issued, the debtor has a right to a post-seizure hearing, the appearance at which is a special appearance and will not subject the debtor to personal jurisdiction of the court. Miss. Code Ann. § 11-31-2(3)(a). Alternatively, a debtor may regain possession of his property by giving security satisfactory to the chancellor in the amount of the lesser of 125% of the property attached or 125% of the underlying claim or debt. Miss. Code Ann. § 11-31-2(3)(b)."

Mississippi also has statutes providing for attachment at law, but these statutes have been held unconstitutional. Mississippi Chem. Corp. v. Chemical Constr. Corp., 444 F.Supp. 925 (S.D. Miss. 1977). The legislature has not amended the attachment at law statutes to comply with the constitutional limitations set forth by the Supreme Court in Connecticut v. Doehr, 501 U.S. 1 (1991) and therefore these statutes remain on the books. However, in 1980 the legislature amended the attachment in Chancery statutes to cure any constitutional objections.