Q May a constable serve the ad valorem tax sale notices required by Section 27-43-3?

A No, Section 27-43-3 states, “the clerk shall issue the notice to the sheriff of the county of the reputed owner’s residence, if he is a resident of the State of Mississippi and the sheriff shall be required to serve notice.” Section 19-19-5 provides that the constable is authorized to serve process “issued by any county, chancery, or circuit court.” The process referenced in Section 27-43-3 is not issued by a court but is issued by the chancery clerk. There is no court action involved. Therefore, Section 19-19-5 is inapplicable to process served regarding notice of ad valorem tax sales. (Attorney General’s Opinion to Everett, July 29, 2016)