If the amount of the final judgment is less than the amount deposited by the Transportation Department pursuant to the provisions of this article, the department shall be entitled to recover the excess of the amount of the deposit over the amount of the final judgment and court costs incident thereto. If there are not sufficient funds on deposit to cover the excess, then the department shall be entitled to a judgment for the sum against the person or persons having received the deposit.
Miss. Code § 65-1-339