Post-Judgment Help
Receiving a judgment does not always mean your case is over. Depending on the type of case, there may be additional steps that either party must take after the court enters a judgment. This page provides general information about some of the most common post-judgment procedures in Mississippi Justice Court. Because every case is different, you should contact your local Justice Court Clerk if you have questions about your case or applicable deadlines.
Evictions
If a landlord receives a judgment for eviction based only on nonpayment of rent, the court will generally set a date by which the tenant must either pay the amount owed or vacate the property.
Until that deadline:
• The tenant may generally remain in the property.
• If the tenant pays the amount ordered by the court before the deadline, the tenant may be able to remain in the property unless the lease has otherwise expired or another legal basis for eviction exists.
• If the amount is not paid, the tenant must move out by the date ordered by the court.
If the tenant does not leave by the court-ordered date, the landlord cannot remove the tenant from the property without additional court process. The landlord must return to the Justice Court and request a Writ of Removal (sometimes called a Warrant of Removal).
After the writ has been executed, the tenant is generally entitled to three (3) days of reasonable access to the property to retrieve any remaining personal belongings left behind.
Consumer Debt Cases
If a judgment is entered in a consumer debt case, Mississippi law generally provides the defendant with ten (10) days to contact the plaintiff and establish a payment plan.
If the parties are unable to agree on a payment plan, the plaintiff may pursue other lawful methods of collecting the judgment that are authorized by Mississippi law.
Appeals
If you disagree with the judgment entered by the Justice Court, you may have the right to appeal.
The deadline to file an appeal depends on the type of case. In many Justice Court cases, the appeal period is either seven (7) days or ten (10) days. Because the applicable deadline varies by case, you should immediately contact the County Court Clerk in your county or, if your county does not have a County Court, the Circuit Court Clerk to determine the correct filing deadline.
Appealing a Justice Court judgment generally requires:
• Payment of the required filing fee; and
• An appeal bond, which may be up to 200% of the amount in controversy, as required by law.
An appeal from Justice Court is heard de novo, meaning the appellate court hears the case as though it is being tried for the first time. The court is not limited to reviewing whether the Justice Court made a mistake but instead considers the evidence and arguments anew.
A party who appeals a case and is unsuccessful may be responsible for additional costs. In some cases, if the petitioner loses in Justice Court and again on appeal, the appellate court may assess statutory damages of up to the amount of the original Justice Court judgment, in addition to affirming the original judgment.
Proceeding In Forma Pauperis
If you cannot afford the filing fees or other required costs of an appeal, you may ask the court for permission to proceed in forma pauperis.
Proceeding in forma pauperis means you are requesting permission to pursue your appeal without paying the required filing fees because of your financial circumstances.
The court may require you to complete an affidavit describing your financial condition and may schedule a separate hearing to determine whether you qualify to proceed in forma pauperis.
GENERAL TIPS
Find out where your case is being held.
Be sure to check if there are any COVID-19 protocols in place (mask requirements, social distancing, virtual meetings, etc.)
Arrive at least 30 minutes early. You may run into delays with parking and security.
Know the facts of your case and be sure to find out what items (emails, receipts, documents, etc.) you need to support your claim.
Print off at least three copies of each of the supporting documents you plan on bringing to court.
Prepare an outline to help guide you.
Practice what you’re going to say in court beforehand.
Remember, no electronic devices are allowed while court is in session.
Be sure if you have any witnesses, they know when and where to show up for court. If they are unable to make it, be sure to inform the Judge.
Be prepared to spend all day in court, so be sure to plan accordingly for childcare.
Appeals
If you disagree with the judgment entered by the Justice Court, you may have the right to appeal.
The deadline to file an appeal depends on the type of case. In many Justice Court cases, the appeal period is either seven (7) days or ten (10) days. Because the applicable deadline varies by case, you should immediately contact the County Court Clerk in your county or, if your county does not have a County Court, the Circuit Court Clerk to determine the correct filing deadline.
Appealing a Justice Court judgment generally requires:
• Payment of the required filing fee; and
• An appeal bond, which may be up to 200% of the amount in controversy, as required by law.
An appeal from Justice Court is heard de novo, meaning the appellate court hears the case as though it is being tried for the first time. The court is not limited to reviewing whether the Justice Court made a mistake but instead considers the evidence and arguments anew.
A party who appeals a case and is unsuccessful may be responsible for additional costs. In some cases, if the petitioner loses in Justice Court and again on appeal, the appellate court may assess statutory damages of up to the amount of the original Justice Court judgment, in addition to affirming the original judgment.
Proceeding In Forma Pauperis
If you cannot afford the filing fees or other required costs of an appeal, you may ask the court for permission to proceed in forma pauperis.
Proceeding in forma pauperis means you are requesting permission to pursue your appeal without paying the required filing fees because of your financial circumstances.
The court may require you to complete an affidavit describing your financial condition and may schedule a separate hearing to determine whether you qualify to proceed in forma pauperis.
Setting Aside a Judgment
In some circumstances, a party may ask the court to set aside (vacate) a judgment that has already been entered. This request should be made as soon as possible after learning of the judgment.
One common reason for requesting that a judgment be set aside is improper service of process. If you believe you were never served with the lawsuit or that service did not comply with Mississippi law, you should notify the Justice Court immediately and ask the clerk about the process for requesting relief from the judgment.
The court may require you to present evidence showing that you were not properly served before deciding whether the judgment should be set aside. If the court determines that service was not legally sufficient, it may set aside the judgment and allow the case to proceed as though the judgment had not been entered.
Common Methods of Service
The following is a general overview of the most common methods of service used in Mississippi Justice Court. Other methods of service may be authorized under Mississippi law depending on the circumstances of the case.
• Personal Service – The summons and complaint are personally delivered to the defendant by a sheriff, constable, or other person authorized by law to serve process.
• Service on a Family Member – If the defendant cannot be personally located, the summons may be left at the defendant's usual place of residence with the defendant's spouse or another family member who is at least sixteen (16) years of age and willing to accept service.
• Posting the Summons – If the defendant cannot be found and no qualifying family member is available to accept service, the summons may be posted at the defendant's usual place of residence in accordance with Mississippi law. Additional mailing requirements may apply in certain circumstances.
• Service by Mail or Publication – In limited circumstances authorized by law, service may be completed by mail or by publication.
If you believe service was not completed in accordance with Mississippi law, you should contact the Justice Court Clerk as soon as possible. The court—not the clerk—will determine whether service was legally sufficient and whether the judgment should be set aside
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