Mississippi Small Claims Payment Plan: Paying a Judgment in Installments
The judge ruled against you in Mississippi Justice Court and now you owe money. If you cannot pay the full judgment at once, a structured payment plan may be an option — but it requires the plaintiff's cooperation and a formal court order. Without those, the plaintiff can go straight to enforcement.
Payment Plans Are Not Automatic
Mississippi Justice Court does not automatically convert a judgment into installment payments. If you want to pay over time, you need to negotiate directly with the plaintiff (or their attorney) and submit an Agreed Consent Judgment to the court.
The Agreed Consent Judgment is a written order signed by both parties and the judge. It specifies the payment schedule — monthly amounts, due dates, and what happens if you miss a payment. Once signed, it records the agreed installment terms as an enforceable court order.
Without this formalized agreement, the full judgment amount is due immediately. The plaintiff does not have to wait or accept partial payments.
What Happens If You Do Not Pay
Once a judgment is entered and the 10-day appeal window under RJC Rule 27 passes without a perfected appeal, the judgment becomes final and enforceable. The plaintiff — now a judgment creditor — has several collection tools available under Mississippi law.
Wage garnishment. Under Mississippi Code § 11-35-1 et seq., the plaintiff can file a garnishment proceeding to take a portion of your wages directly from your employer. Mississippi follows federal limits on garnishment — generally no more than 25% of disposable earnings. The garnishment filing fee is $15.
Bank levy. The plaintiff can obtain a writ of execution to levy funds in your bank account. The constable or sheriff serves the writ on your bank, which freezes and turns over funds up to the judgment amount.
Property levy. For larger judgments, the plaintiff can have the constable seize and sell personal property (not real estate — that requires enrolling the judgment in Circuit Court).
Judgment enrollment. Under Miss. Code Ann. § 11-7-191, the plaintiff can enroll the Justice Court judgment on the Circuit Court judgment roll, creating a lien against real property in the county. This makes the judgment appear in title searches and can block property sales or refinancing.
Post-Judgment Interest
Interest on a Mississippi judgment depends on its basis and the judgment's terms under Miss. Code Ann. § 75-17-7. A judgment founded on a sale or contract bears interest at the rate in the contract; other judgments bear interest at the annual rate and from the date set by the judge, which cannot be before the complaint was filed.
If the order sets 8% simple annual interest, a $3,500 unpaid balance accrues $280 in one year. Otherwise, calculate from the rate and start date in the judgment or applicable contract. Delaying payment can make the total owed grow.
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How to Negotiate a Payment Plan
Contact the plaintiff promptly after the judgment. Most plaintiffs prefer a steady payment stream over the cost and effort of garnishment proceedings. When proposing terms:
- Be realistic about what you can pay monthly
- Offer to set up automatic payments for reliability
- Propose a timeline that satisfies the full judgment plus accrued interest
- Put everything in writing
Once both sides agree, draft the Agreed Consent Judgment and submit it to the Justice Court Clerk. The judge reviews and signs it. Keep copies of every payment — canceled checks, money order receipts, bank transfer confirmations — in case of future disputes about the balance.
Filing a Satisfaction of Judgment
When the full amount (judgment plus interest plus any costs) is paid, the plaintiff files a Satisfaction of Judgment with the Justice Court Clerk. This officially closes the case on the docket. If the judgment was enrolled in Circuit Court, a separate satisfaction must be filed there to release the property lien.
If the plaintiff refuses to file the satisfaction after full payment, you can file a motion asking the court to enter it based on your payment records.
When You Cannot Pay at All
If your income is low enough that garnishment would create genuine hardship, Mississippi exemption statutes protect certain property and income from execution. Consulting with a legal aid organization can help you understand what protections apply. The Mississippi Center for Legal Services (1-800-498-1804) and North Mississippi Rural Legal Services assist qualifying low-income residents with civil matters.
The Responding to a Small Claims Case in Mississippi guide covers every stage of the post-judgment process, including payment plan templates, garnishment response procedures, and a post-decision action planner for tracking deadlines after the ruling.
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