Mississippi Garnishment Laws: How Wage Garnishment Works in Justice Court

You have a Mississippi Justice Court judgment and you know where the debtor works. Wage garnishment is the most direct way to turn that judgment into actual money — but Mississippi's rules include a 30-day waiting period that catches most creditors off guard.

Filing the Writ of Garnishment

Garnishment starts at the Justice Court Clerk's office. You file a document called a Suggestion for Writ of Garnishment, which identifies the judgment debtor and the employer (the "garnishee"). The clerk then issues the formal Writ of Garnishment under the statutory model in Miss. Code § 11-35-5.

You pay two fees up front: a $15 post-judgment filing fee under Miss. Code § 25-7-25(1)(c), plus a $45 process service fee under Miss. Code § 25-7-27(1)(a)(i) for the constable or sheriff who serves the writ on the employer. These costs get added to the total judgment balance the debtor owes.

The writ must be served by a constable or sheriff — private process servers have no authority to execute post-judgment garnishment writs in Mississippi.

The 30-Day Wage Exemption

This is the rule most creditors miss. Under Miss. Code § 85-3-4(1), all wages earned during the first 30 days after the employer receives the writ are 100% exempt from seizure. The employer must pay the debtor their full paycheck during this window.

On Day 31 after service, the garnishment activates. The employer begins withholding from each pay period and remitting those funds to the court or directly to you until the judgment, interest, and allowable costs are fully satisfied.

How Much Can Be Garnished

Once the 30-day exemption expires, the employer withholds the lesser of:

• 25% of disposable earnings for the pay period, or
• The amount by which disposable earnings exceed 30 times the federal minimum wage ($7.25 × 30 = $217.50 per week)

"Disposable earnings" means gross pay minus legally required deductions — federal and state income tax, FICA, and Medicare. Voluntary deductions like 401(k) contributions or health insurance premiums are not subtracted.

If the debtor earns $217.50 or less per week in disposable income, their wages are completely exempt. You collect nothing through garnishment regardless of your judgment amount.

The Employer's Obligations

After receiving the writ, the employer files a sworn Answer with the court stating whether the debtor works there, confirming wages, and noting any competing garnishment orders. Mississippi wage garnishment is a continuing writ — the employer keeps withholding each pay period until the debt is satisfied or the employment ends.

If the employer fails to file an Answer or ignores the writ, ask the Justice Court Clerk about the court's default procedure for enforcing the garnishment.

Garnishment Hearings

The debtor can challenge the garnishment by filing a Motion to Claim Exemptions or a Motion to Dissolve Garnishment. The Justice Court Clerk schedules an expedited hearing where the debtor must show documentation proving the seized funds are exempt — for instance, that their income falls below the minimum threshold or consists entirely of protected benefits.

If the judge agrees the funds are exempt, the court orders the garnishment released. If not, the withholding continues.

When Garnishment Is Not the Right Tool

Garnishment makes sense when the debtor has steady employment with earnings above the $217.50 weekly floor. It is less effective when:

• The debtor is self-employed (no employer to serve the writ on)
• The debtor earns below the federal minimum wage threshold
• The debtor's income comes entirely from exempt sources like Social Security or disability

In those situations, a bank garnishment, a writ of execution, or a judgment lien on real property may be more productive.

For the full garnishment procedure including timeline tracking, fee worksheets, and exemption screening, see the Mississippi Judgment Collection Guide.

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