The total cost of an eviction in Mississippi for all filing, court, and service fees varies heavily on which court the eviction is filed in. For cases filed in Justice Court (claims under $3,500), the average cost is $245. For cases filed in County Court (claims over $3,500), the average cost is $287.
Fee | Justice | County |
Initial Court Filing | ~$85 | ~$161 |
Summons Service | ~$45+ | ~$45+ |
Warrant of Removal Issuance | ~$70+ | ~$36+ |
Warrant of Removal Service | $45 | $45 |
Notice of Appeal Filing (Optional) | ~$166 | ~$161 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Mississippi, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Unlawful Entry and Detainer”) with the court the following business day.
The filing fee for an initial Unlawful Entry and Detainer varies by county. For example, in Hinds County Justice Court, the filing fee is $85 for one tenant and an increment of $15 is added for each additional tenant. In Pearl River County, County Court, the filing fee is $161.
2. Summons Service Fee
Once a Complaint is filed in Mississippi, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff may charge $45 and $5 for each additional tenant. [ttip number=’1′ icon=’popover-balance’] for delivering a Summons; however, a registered private process server may charge more.
3. Warrant for Removal Issuance Fee
If the court rules in favor of the landlord in Mississippi, the court shall issue a Warrant for Removal. The writ is the tenant’s final notice to vacate the premises. There is a second action filing fee once judgment has been rendered.
The filing fee varies by county and court. For example, in Hinds County Justice Court the filing fee for a Warrant for Removal is $70 for one tenant, $85 for two tenants, $100 for three tenants. In Pearl River County, County Court, the filing fee is $36.
4. Writ of Removal Service Fee
In Mississippi, a sheriff, constable of the county, or marshal of the municipality may serve the warrant. The officer may charge $45 and an additional $5 for each additional tenant as a service fee. [ttip number=’2′ icon=’popover-balance’]
5. Notice of Appeal Filing Fee
If either party chooses to file an Appeal in Mississippi, they may do so as long as the Notice of Appeal is filed within 5 calendar days of the judgment.
The filing fee varies by county, for example, in Pearl River County, (County Court) an Appeal is $161 and in Harrison County, (Justice Court) $166.
Sources
- 1 MS Code § 25-7-19 (2020)
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The sheriffs of the various counties of the State of Mississippi shall charge the following fees:
A uniform total fee in all criminal and civil cases for the service or attempted service of any process, summons, warrant, writ or other notice as may be required by law or the court, each. . . . . $ 45.00 - 2 MS Code § 25-7-19 (2020)
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The sheriffs of the various counties of the State of Mississippi shall charge the following fees:
A uniform total fee in all criminal and civil cases for the service or attempted service of any… warrant…as may be required by law or the court, each. . . . . $ 45.00