The defendant in any action shall, on or before the return day of the summons, and before the trial of the case, file with the justice court judge to whom the case is assigned the evidence of debt, statement of account, or other written statement of the claim, if any, which he may desire to and which lawfully may be set off against the demand of the plaintiff, and, in default thereof, he shall not be permitted to use it on the trial.
Miss. Code Ann. § 11-9-125
Setoff filed on return day before trial
Applied in 1 court decision — leading case Willie v. Amerada Hess Corp. (2017)
Most recently applied in Willie v. Amerada Hess Corp. (February 2017)
Codes, 1871, § 1306; 1880, § 2204; 1892, § 2411; 1906, § 2740; Hemingway’s 1917, § 2239; 1930, § 2088; 1942, § 1822; Laws, 1981, ch. 471, § 30; Laws, 1982, ch. 423, § 28, made e…
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.