This form is a Suggestion for a Writ of Garnishment. Plaintiff obtained a judgment against defendant and in the process of collection, the plaintiff requests that garnishment be placed on the property of the defendant to satisfy the judgment. Therefore, the court orders that a writ of garnishment be granted in favor of plaintiff.
Mississippi Suggestion for Writ of Garnishment
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Multi-State
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US-00987
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FAQ
In the event more than one (1) garnishment on an employee is received on the same day, the writ of garnishment which is the smallest amount shall be satisfied first.
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.
Pensions and retirement benefits: Mississippi is more protective of retirees than many states. Not only are public and state employee, police and firefighter, and teacher pensions protected from garnishment, but retirement benefits generally, including IRAs and Keoghs, enjoy broad exemptions from garnishment.
Sometimes creditors allow you to do this by working out a payment plan with them. However, if you cannot keep up with the payments or work out a deal, the best way to prevent garnishment is typically bankruptcy. Bankruptcy's automatic stay immediately halts all garnishments the day that you file.
Limitations on garnishment Under the law, your creditors may only take the lesser of: 25 percent of your disposable earnings or 30 times the federal minimum wage. Your disposable earnings are the portions of your paycheck left over after taxes and other deductions have been taken out.
Mississippi law requires that domestic support garnishments be paid with no regard to any other wage garnishments or attachments. So, a child or spousal support deduction can be taken at the same time and in addition to another garnishment.
In Mississippi wages that are earned within the first 30 days after the writ of garnishment is served on the employer are protected and must be paid over to the employee. Once the thirty days are up, wage garnishments are then limited only by the Federal Wage Garnishment Law.