Detailed Answer
Under Mississippi law, you can use an affidavit of collection to initiate a replevin action or perfect a security interest against a debtor’s personal property. Follow these steps to validate (notarize) and certify (file and obtain clerk’s certification) your affidavit.
- Draft the Affidavit: Include the creditor’s and debtor’s full legal names, addresses, date of the transaction, total amount owed, and a clear description of the personal property you seek to collect. State that you are entitled to possession because the debtor defaulted.
- Verify with a Replevin Complaint (if seeking court-ordered return of property): File a complaint in replevin supported by your affidavit. Mississippi requires the complaint to be verified by affidavit. See Miss. Code Ann. § 11-7-3.
- Notarize the Affidavit (Validation): Sign your affidavit under oath before a Mississippi notary public. The notary must confirm your identity and affix their official seal and commission expiration. See Miss. Code Ann. § 25-33-3.
- File with the Appropriate Clerk’s Office: Submit the original affidavit (and replevin complaint, if applicable) to the circuit or chancery clerk in the county where the debtor resides or where the property is located. Pay any required filing fees.
- Obtain Clerk’s Certification: Request a certified copy or clerk’s certificate stamp on your filed affidavit. This certification proves it is a true, official record. While Mississippi law does not specify a unique statute for certified affidavits, you may refer to general record-copy rules in Miss. Code Ann. § 25-7-13 (fees for certified copies).
- Serve Process (for Replevin): After filing, request a writ of replevin. The clerk issues the writ, and the sheriff serves it along with your certified affidavit and complaint on the debtor. See Miss. Code Ann. § 11-7-31 (service of writ).
- Execute Writ and Recover Property: Upon proper service and any bond requirements, the sheriff may seize the property. If the debtor contests, you must proceed through the court to confirm the sale or return. See Miss. Code Ann. § 11-7-39 (bond and final judgment).
Disclaimer: This article provides general legal information under Mississippi law. It does not constitute legal advice. Consult a qualified Mississippi attorney for guidance on your specific situation.
Helpful Hints
- Review local circuit or chancery clerk rules for formatting and fee schedules.
- Ensure your notary’s commission is active and their seal is legible.
- Keep the original certified affidavit in a secure location; file copies with court papers.
- Track deadlines for dispositive motions or bonds in replevin actions.
- Consider hiring process servers or sheriffs for timely service of writs.
- For financing statements on collateral, file a UCC-1 with the MS Secretary of State under Miss. Code Ann. § 75-9-501.