Legal Question in Appeals and Writs in Mississippi

Mississippi Code of 1972 sec. 97-9-75

I was wondering if Mississppi Code of 1972 Sec. 97-9-75 means that even if I go to the subject's place of employment and their manager or security will not let us serve them on the premisis, is the manager or security personnel guilty of this misdemeanor or not. We have had this problem hundreds of times because employer's state that they have a policy that only uniformed officer's can serve paper's at their place of Business. Thanks!


Asked on 11/03/03, 3:56 pm

1 Answer from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Mississippi Code of 1972 sec. 97-9-75

I had to go and look it up because I never knew about that law. It sure sounds to me as if they're violating it. Try and execute service. When you are denied entry, take pictures of the person denying you entry, get their name, time, place, etc. Then go down to the justice court and swear out an affidavit against them for a violation of 97-9-75. A uniformed officer (Sheriff) will then enter their premises to serve notice of the criminal charges and they will then have to appear in court and explain to the judge why they are wilfully breaking the law. Alternatively, you can carry with you copies of the law to try and gain access. If you are still denied, that fact will make your justice court charges that much better in that they can't plead ignorance of the law since you gave them a copy. Good luck.

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Answered on 11/05/03, 5:20 pm


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