At the commencement of and during the course of an action, all remedies providing for the seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by law. These remedies include attachment, replevin, claim and delivery, sequestration and other corresponding or equivalent remedies, however designated and regardless of whether the remedy is ancillary to an action or must be obtained by an independent action.
Rule 64.Seizure of Person or Property
Chapter VIII: Provisional and Final Remedies and Special Proceedings · Last amended September 1, 1987 · Last verified July 14, 2026
In one sentenceRule 64 makes prejudgment seizure remedies — attachment, replevin, claim and delivery, sequestration, and similar remedies — available during a lawsuit under whatever circumstances and procedure state law already supplies, whether pursued within the case or through a separate action.
Full Text of Rule 64
Amendment History
Effective September 1, 1987, Rule 64 was amended by deleting “garnishment” as a prejudgment remedy included in the provisions of the Rule. 508-511 So. 2d XXIX (West Miss. Cas. 1987).
Plain-English Summary
Rule 64 doesn't invent new remedies; it opens the door to the ones state law already recognizes for seizing a person or property to secure eventual satisfaction of a judgment. At the commencement of an action and throughout its course, remedies like attachment, replevin, claim and delivery, and sequestration remain available, along with any other corresponding or equivalent remedy, however it happens to be labeled.
The rule is deliberately procedural rather than substantive: these remedies are available under the circumstances and in the manner provided by law, meaning the statutes and case law governing each specific remedy still control who can use it and when. Rule 64 confirms that a party litigating under the civil rules can still reach for these tools, regardless of whether the particular remedy is ancillary to the pending action or has to be obtained through an independent action of its own.
An earlier version of the rule listed garnishment among the available prejudgment remedies. A 1987 amendment removed it, narrowing the rule's explicit list to attachment, replevin, claim and delivery, sequestration, and other equivalent remedies.
Frequently Asked Questions
What kinds of remedies does Rule 64 make available?
The rule names attachment, replevin, claim and delivery, and sequestration, plus any other corresponding or equivalent remedy for seizing a person or property to secure satisfaction of an eventual judgment, however that remedy happens to be designated.
Does Rule 64 itself spell out how to get an attachment or a writ of replevin?
No. The rule makes these remedies available under the circumstances and in the manner provided by law, which means the statutes and other law governing each specific remedy control the actual procedure and requirements.
Is garnishment covered by Rule 64?
Not explicitly. A 1987 amendment deleted garnishment from the rule's list of prejudgment remedies, leaving attachment, replevin, claim and delivery, sequestration, and other equivalent remedies as the rule's named categories.
Can I pursue one of these remedies through a separate lawsuit instead of within my pending case?
Yes. Rule 64 applies regardless of whether the remedy is ancillary to a pending action or must instead be obtained by an independent action, so the rule doesn't force a party into one path or the other.
When during a case can these seizure remedies be used?
Rule 64 covers both the commencement of an action and the entire course of the action afterward, so these remedies aren't limited to the moment a suit is filed.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as: ms prejudgment attachment rulereplevin mississippi civil procedureclaim and delivery ms rulesequestration remedy mississippi lawsuitseizing property before judgment mississippi