Bill Text: MS HB1333 | 2016 | Regular Session | Introduced
Bill Title: Judgement lien; exclude homestead from attachment for.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-23 - Died In Committee [HB1333 Detail]
Download: Mississippi-2016-HB1333-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary A
By: Representative Johnson (87th)
House Bill 1333
AN ACT TO AMEND SECTION 85-3-21, MISSISSIPPI CODE OF 1972, TO REMOVE THE LIMIT PLACED ON HOMESTEAD EXEMPTIONS FROM ATTACHMENT; TO AMEND SECTION 11-7-191, MISSISSIPPI CODE OF 1972, TO EXCLUDE HOMESTEAD FROM JUDGMENT LIEN ATTACHMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 85-3-21, Mississippi Code of 1972, is amended as follows:
85-3-21. Every citizen of
this state, male or female, being a householder shall be entitled to hold
exempt from seizure or sale, under execution or attachment, the land and
buildings owned and occupied as a residence by him, or her * * *. But
husband or wife, widower or widow, over sixty (60) years of age, who has been
an exemptionist under this section, shall not be deprived of such exemption
because of not residing therein.
SECTION 2. Section 11-7-191, Mississippi Code of 1972, is amended as follows:
11-7-191. A judgment so enrolled shall be a lien upon and bind all the property, except homestead, of the defendant within the county where so enrolled, from the rendition thereof, and shall have priority according to the order of such enrollment, in favor of the judgment creditor, his representatives or assigns, against the judgment debtor and all persons claiming the property under him after the rendition of the judgment. A judgment shall not be a lien on any property of the defendant thereto unless the same be enrolled. In counties having two (2) judicial districts, a judgment shall operate as a lien only in the district or districts in which it is enrolled. Any judgment for the purpose described in Section 85-3-52 shall not be a lien on any property in this state, real, personal or mixed, that is owned by a resident of this state, and shall not be enforced or satisfied against any such property.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.
