MISSISSIPPI LEGISLATURE

1997 Regular Session

To: County Affairs; Judiciary

By: Senator(s) Rayborn

AN ACT TO AMEND SECTIONS 13-3-111 AND 13-3-113, MISSISSIPPI CODE OF 1972, TO ELIMINATE THE RESPONSIBILITY OF SHERIFFS FOR EFFECTUATING EXECUTIONS ON JUDGMENTS AND DECREES RENDERED IN COURTS OF LAW OR EQUITY; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 13-3-111, Mississippi Code of 1972, is amended as follows:

13-3-111. The clerks of all courts of law or equity, after the adjournment of the court for the term shall, at the request and cost of the owner of the judgment or decree or his attorney, issue executions on all judgments and decrees rendered therein, and place the same in the hands of any proper officer of the county other than the sheriff of the county. The officer shall effectuate any execution on a judgment. If requested by such owner, they shall issue executions directed to any proper officer of any other county other than the sheriff * * * and shall deliver the same to the owner or his attorney.

SECTION 2. Section 13-3-113, Mississippi Code of 1972, is amended as follows:

13-3-113. Writs of execution shall bear date and be issued in the same manner as original process, and shall be made returnable on the first day of the next term of the court in which the judgment or decree was rendered, if there be fifteen (15) days between the issuance and return thereof, and, if not, on the first day of the term next thereafter. Such execution may be directed to the * * * proper officer of any county, who shall serve and execute the same, and make return thereof to the court in which the judgment or decree was rendered.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.