This guide provides an overview on garnishment law and how a person can stop a garnishment. Topics covered include general information and restrictions on garnishments of wages and bank accounts, as well as alternatives for stopping enforcement of a garnishment order.
Mississippi USLegal Guide on How to Stop Garnishment
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At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
If your wages or bank account have been garnished, you may be able to stop it by paying the debt in full, filing an objection with the court or filing for bankruptcy.
A resident in Mississippi has the legal right to stop a wage garnishment by filing personal bankruptcy. Personal bankruptcy has two options. Chapter 7 is for anyone in Mississippi with very little income, but a lot of unsecured debts.
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
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.
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.
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.