Money & Debt · Wage Garnishment
Wage Garnishment Laws in Mississippi
How much of your paycheck a creditor can take in Mississippi, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
Want your own number? Run your paycheck through the Mississippi wage garnishment calculator →
The limit and what is protected in Mississippi
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
| Most a creditor can take | 25% of disposable earnings |
| How the limit works | The federal ceiling: 25% of disposable pay, or 30× the minimum wage protected |
| Fully protected pay | Weekly disposable pay up to $217.50 (30 times the $7.25 federal minimum wage) is fully protected once garnishment begins. On top of that, the first 30 days of wages after service of the writ are completely exempt, so nothing can be taken during that first month. |
| Other exemptions |
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| Federal backstop | The federal 25% / 30× minimum-wage floor also applies; a creditor can never take more than federal law allows. |
| Statute | Miss. Code Ann. §85-3-4 |
Mississippi does not add a head-of-family percentage reduction to §85-3-4; the section sets the same 25% / 30x federal minimum wage cap that federal law uses. The distinctive Mississippi feature is timing: the 30-day full exemption delays any consumer garnishment for the first month. That delay does not apply to garnishments for state or local taxes or for child or spousal support, which can reach wages sooner and under their own higher limits.
What you can do right now
Concrete, neutral steps if your wages are being garnished in Mississippi. This is legal information, not legal advice.
- Count the 30-day exemption window
Under Miss. Code §85-3-4 your wages are fully exempt for 30 days from the date the writ is served on your employer. If a consumer creditor tries to take pay inside that window, the exemption should stop it. Note the service date so you know when the window closes.
- Confirm the protected floor after 30 days
Once the 30 days pass, a creditor can take only the lesser of 25% of your disposable pay or the amount above $217.50 a week. If your take-home is at or below $217.50 a week, none of it should be garnished even then.
- Watch your bank account for a levy
A creditor can also try to freeze money already in your bank account. Exempt funds such as Social Security or public benefits can still be protected there, but you usually have to claim the exemption in writing, so check your account and act if it is frozen.
- Get free Mississippi legal help
Mississippi Center for Legal Services and North Mississippi Rural Legal Services help residents respond to garnishments and raise exemptions at no charge. This is legal information, not legal advice, so confirm your own situation with a lawyer.
You do not have to face a garnishment alone. This resource can help you check whether an exemption applies and how to file the paperwork.
→ Mississippi Center for Legal Services (statewide legal aid)This is general legal information, not legal advice. Deadlines to claim an exemption are short and vary by court, so act quickly and confirm the specifics for your case.
What Mississippi workers get wrong
Mississippi gives you a head start that most states do not. Under Miss. Code §85-3-4, the wages of a Mississippi resident are completely exempt from attachment, execution, or garnishment for 30 days from the date the writ is served on your employer. During that first month, an ordinary consumer creditor cannot take anything from your paycheck. After the 30 days pass, Mississippi follows the federal ceiling: a creditor may take only the lesser of 25% of your disposable pay or the amount by which your weekly disposable pay exceeds $217.50, which is 30 times the $7.25 federal minimum wage. That $217.50 stays protected, so lower earners often have nothing taken even after the window closes. The 30-day delay does not apply to garnishments for state or local taxes or for child or spousal support, which can reach wages sooner and under their own rules. Disposable pay means what is left after taxes and other legally required deductions.
Common questions
How much of my paycheck can a creditor garnish in Mississippi?
For an ordinary consumer judgment, Miss. Code §85-3-4 lets a creditor take the lesser of 25% of your disposable pay or the amount by which your weekly disposable pay exceeds $217.50, but only after a 30-day waiting period. During the first 30 days after the writ is served, all of your wages are exempt and nothing can be taken.
What is the 30-day wage exemption in Mississippi?
It is a full exemption on the front end. Miss. Code §85-3-4 protects the wages of a Mississippi resident from attachment, execution, or garnishment for 30 days from the date the writ is served on the employer. During that month, an ordinary consumer creditor cannot garnish any of your pay. The percentage cap kicks in only after the 30 days pass.
Does Mississippi have a head-of-family garnishment exemption?
Not within §85-3-4. Some states cut the garnishment percentage for a head of family, but Mississippi does not. It applies the same 25% / 30x federal minimum wage cap to everyone after the 30-day window. The head-of-family style protection people hear about usually comes from Missouri or Nebraska, not Mississippi.
Does the 30-day exemption apply to every kind of debt?
No. The 30-day full exemption covers ordinary consumer and contract debts. It does not apply to garnishments for state or local taxes or for child support and spousal support, which can reach your wages sooner and under their own higher limits. Identify the debt type to know whether the waiting period protects you.
Can a creditor freeze my bank account in Mississippi even during the 30 days?
The 30-day exemption protects wages your employer is holding. Once pay lands in a bank account, a creditor with a judgment may try to freeze the account through a separate process. Some deposited funds, such as Social Security or public benefits, can still be exempt, but you usually have to claim that exemption in writing.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.