2006 Regular Session
To: Judiciary, Division B
By: Senator(s) Albritton
AN ACT TO AMEND SECTION 89-7-31, MISSISSIPPI CODE OF 1972, TO REQUIRE A JUDGE TO IMMEDIATELY RECEIVE NOTICE WHEN A SUMMONS IS ISSUED FOR NONPAYMENT OF RENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 89-7-31, Mississippi Code of 1972, is amended as follows:
89-7-31. On receiving such affidavit, the county judge, justice, mayor or other officer shall issue a summons, directed to the sheriff or any constable of the county, or the marshal of the city, town or village wherein the premises, or some part thereof, are situated, describing the premises, and commanding him to require the person in possession of the same or claiming the possession thereof, forthwith to remove therefrom, or to show cause before the justice or other officer, on a day to be named not less than three (3) nor more than five (5) days from the date of the summons, why possession of the premises should not be delivered to the applicant. The clerk of the court shall immediately, upon receiving the affidavit and issuance of the summons, assign the case to a judge and notify that judge of the date on the summons.
SECTION 2. This act shall take effect and be in force from and after July 1, 2006.