Application for Writ of Garnishment - Mississippi 2025

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Limitations of Actions and Prevention of Frauds 15-1-43. All actions founded on any judgment or decree rendered by any court of record in this state, shall be brought within seven (7) years next after the rendition of such judgment or decree, or last renewal of judgment or decree, whichever is later.
So, for any workweek, a creditor may garnish the lesser of: 25% of your disposable earnings for that week, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.
What Is the Mississippi Wage Garnishment Process? The garnishment process often starts after a creditor gets a judgment in court against a debtor. If a creditor gets a judgment against you, your employer will get a notice. The notice tells your employer they must withhold a specific amount of your wages.
The court or government agency will submit a writ of garnishment to the debtors employer informing them of the wage garnishment. Wage garnishment rules require an employer to withhold a certain percentage from a debtors paycheck until that person is no longer in default on their debt.
If a court has awarded judgment to your creditor and garnishment is part of the plan, here are some potential ways to get rid of it. Pay Off the Debt. Work With Your Creditor. Find a Credit Counselor. Challenge the Garnishment. File a Claim of Exemption. File for Bankruptcy.
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In general, a creditor cannot garnish your wages without first obtaining a court judgment against you. This typically involves the creditor filing a lawsuit, serving you with court papers, and winning the case. If the creditor is successful, they can then seek a court order to garnish your wages.
5 Ways to Stop a Garnishment Pay Off the Debt. If your financial situation is dire, paying off the debt may not be an option. Work With Your Creditor. Find a Credit Counselor. Challenge the Garnishment. File a Claim of Exemption. File for Bankruptcy.
Therefore, the writ of garnishment is often used to seize liquid assets , and the writ of execution is often used to seize non-liquid assets.

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