Mississippi Writ of Garnishment

Introduction

Key Things to Know

1. 1

   In Mississippi the instrument is called a writ of garnishment, and Section 11-35-1 makes issuing it a clerk's duty rather than a judge's decision: on the plaintiff's suggestion in writing in any court whose judgment an execution may issue on, the clerk of that court issues the writ, directed to the sheriff or proper officer, commanding the garnishee to appear and answer at the return term.

2. 2

   The first thirty days yield nothing. Section 85-3-4(1) exempts a resident employee's wages from seizure for thirty days from the date of service, and Section 11-35-23(3)(b) separately orders the garnishee to pay over to the employee all wage indebtedness arising in that period, so the payroll department hands the money to your debtor and not to the court.

3. 3

   From day thirty-one the writ binds the lesser of 25 percent of that week's disposable earnings or the excess over thirty times the federal minimum hourly wage. Those are the federal figures restated in Section 85-3-4(2)(a), not a Mississippi percentage, and at the current $7.25 federal rate the weekly floor is $217.50. Support orders and state or local tax debt sit outside the limit entirely under Section 85-3-4(3).

4. 4

   Small judgments cannot reach a paycheck. Under Section 11-35-23(3)(a), where the writ issues on a judgment based upon a claim or debt of less than $100 excluding court costs, wages in the garnishee's hands are not bound at all. The only exception is money owed to the state or one of its political subdivisions.

5. 5

   The answer deadline is a court date, not a day count. Section 11-35-27 has the garnishee answer on the first day of the return term in circuit or chancery court, and by noon on the return day of the writ in justice court, unless the court grants further time for cause shown. A bank or other financial institution is carved out and may file its Answer of Indebtedness any time within thirty days.

6. 6

   One writ keeps working past its own return day. Section 11-35-23(3)(b) binds the nonexempt share for as long as it takes to accumulate the amount shown on the writ, then has the garnishee make a single payment into court, with at least one payment a year of what was withheld. If the debtor leaves the job the garnishee has fifteen days to report it and pay in. Out of justice court, Section 11-35-23(6) sends every dollar straight to you or your attorney.

7. 7

   Budget four line items, not one. Section 25-7-13(1)(b) charges $35 to docket and file the suggestion and issue all process in circuit or county court; Section 25-7-25(1)(c) charges $15 in justice court, in advance; Section 25-7-19(1)(c) adds a $45 sheriff fee because garnishment after enrollment is deemed a new suit; and Section 25-7-19(1)(f) takes a commission on money actually made, 5 percent of the first $100, 4 percent of the second, 3 percent above $200.

Mississippi Requirements for Writ of Garnishment

• Suggestion in Writing to the Clerk

  Mississippi starts this with a suggestion, not a motion. Section 11-35-1 has the plaintiff in a judgment suggest in writing that a named garnishee is indebted to the defendant, holds the defendant's effects or property, or knows of someone who does, and it is then the duty of the clerk of the court that rendered the judgment to issue the writ. The garnishee may be the state, a county, a municipality, a school district, a board or another political subdivision.

• The Writ Must Show the Claim and the Costs

  Section 11-35-23(2) requires the issuing court to show on the writ itself the amount of the plaintiff's claim and the court costs in the proceedings, and to notify the garnishee of the corrected figure if a judgment for a different amount is later rendered while the garnishment is pending. That printed total is also the number the garnishee withholds toward, so get the principal, interest and recoverable costs right before the clerk issues.

• Thirty Days of Pay Go to the Employee

  Section 85-3-4(1) exempts the wages, salaries or other compensation of resident laborers and employees from seizure under attachment, execution or garnishment for thirty days from the date of service of the writ. Section 11-35-23(3)(b) turns that into an affirmative instruction: during the first thirty days after service of a proper writ the garnishee shall pay over to the employee all of that indebtedness. Expect no collection in month one.

• After Day Thirty: a Federal Percentage

  From day thirty-one, Section 85-3-4(2)(a) caps the levy at the lesser of 25 percent of disposable earnings for that week or the amount by which those earnings exceed thirty times the federal minimum hourly wage prescribed by 29 U.S.C. 206(a)(1) when the earnings are payable. Both figures are the federal Consumer Credit Protection Act numbers restated in the state section, so at the current $7.25 federal rate the weekly floor is $217.50. Support orders and state or local tax debt fall outside the limit under Section 85-3-4(3).

• Claims Under $100 Cannot Reach Wages

  Check the size of the underlying claim before you aim at a paycheck. Section 11-35-23(3)(a) provides that wages, salary or other compensation in the garnishee's hands are not bound by and not subject to the lien of the judgment where the writ issues on a judgment based upon a claim or debt that is less than $100, excluding court costs. Judgments, liens, attachments, fees or charges owed to the state or its political subdivisions are outside that rule. Non-wage property is unaffected.

• Answer on the First Day of the Return Term

  Section 11-35-27 measures the answer by a court date rather than a day count: garnishees answer on the first day of the return term in circuit or chancery court, and by noon on the return day of the writ in the justice courts, unless the court grants further time for cause shown. Banks and other financial institutions are carved out and may submit an Answer of Indebtedness any time within the thirty days allowed for response. Section 11-35-25 lists what the sworn answer must cover.

• One Payment In, Fifteen Days on Termination

  Section 11-35-23(3)(b) binds the nonexempt share for as long as it takes to accumulate the amount shown on the writ, expressly even past the return day, then has the garnishee make a single payment into court, with at least one payment a year of what was withheld in the preceding year. If the debtor's employment ends, the garnishee has fifteen days to report it and pay in. Out of justice court, Section 11-35-23(6) sends payments directly to the plaintiff or the plaintiff's attorney. Section 15-1-43 gives the judgment seven years from rendition or last renewal.

• Four Cost Lines, Not One

  Section 25-7-13(1)(b) charges $35 in circuit or county court to docket and file the suggestion for a writ of garnishment and issue all process, which makes it an all-in clerk charge. Section 25-7-25(1)(c) charges $15 in justice court, paid in advance. Section 25-7-19(1)(c) deems a garnishment after enrollment a new suit and sets the sheriff's fee at $45. Section 25-7-19(1)(f) then takes a commission on money actually made: 5 percent of the first $100, 4 percent of the second $100 and 3 percent of all sums over $200.