Replace Text In Legal Mississippi Garnishment Forms For Free

Limitations on garnishment You may be relieved to know that Mississippi law limits the amount that may be taken from your paycheck. Under the law, your creditors may only take the lesser of: 25 percent of your disposable earnings or 30 times the federal minimum wage.

Under most circumstances in Mississippi, creditors can only garnish your wages or bank accounts after they have a judgment or other court decree against you. A judgment is the final decision of a court entered by a court at the end of a lawsuit.

The IRS and the Mississippi Department of Revenue can garnish your wages if you owe back taxes, without a court judgment. The amount they can garnish depends on how many dependents you have and your tax deduction rate. The IRS and the Mississippi Department of Revenue do not have to wait 30 days to garnish your wages.

Levy Bank Accounts in Mississippi Mississippi law calls account levy "bank garnishment." A bank garnishment seizes all funds available to the bank as long as it is clear that the funds belong to the consumer and are not Social Security or a similar federal benefit.

In Mississippi, your wages cannot be garnished without your knowledge in most cases. In the majority of instances, your creditor must first file and win a lawsuit against you before garnishment is even a question. If the court rules in the creditor's favor, it can then award a judgment against you.

To garnish a bank account, file a Request for Garnishment of Property Other than Wages (DC/CV 60). You must provide the name and address of the debtor's financial institution. The garnishee is served and must reply within 30 days with a Confession of Assets, a list of assets belonging to the creditor held by the bank.