§ 18-41-108 - Attachment to enforce.
18-41-108. Attachment to enforce.
(a) Any landlord who has a lien on the crop for rent shall be entitled to bring suit before a justice of the peace or in the circuit court, as the case may be, and have a writ of attachment for the recovery of it, whether the rent is due or not, in the following cases:
(1) When the tenant is about to remove the crop from the premises without paying the rent; or
(2) When he or she has removed the crop, or any portion thereof, without the consent of the landlord.
(b) (1) Before the writ of attachment shall issue, the landlord or his or her agent or attorney shall make and file an affidavit of one (1) of the facts provided for in subdivisions (a)(1) or (a)(2) of this section, that the amount claimed which shall be therein stated is or will be due for rent, or will be the value of the portion of the crop agreed to be received as rent, stating the time when the rent became or would become due and that he or she has a lien on the crop for rent.
(2) The landlord or his or her agent or attorney shall file with the justice or clerk, as the case may be, a bond to the defendant, with sufficient security, in double the amount of his or her claim, as sworn to, conditioned that he or she will prove his or her debt or demand and his or her lien in a trial of law, or that he or she will pay damages as shall be adjudged against him or her.
(c) The writ of attachment may be levied on the crop in the possession of the tenant or anyone holding it in his or her right or in the possession of a purchaser from him or her with notice of the lien of the landlord.
(d) If the rent shall not be due at the commencement of the suit, the trial shall be stayed until it becomes due, and the attachment, at any time before final trial, may be dissolved in the manner prescribed by law, and the cause proceed as other suits.