Anyone in Mississippi can stop wage garnishment if they don’t have the ability to pay off the garnishment. Typically, with a wage garnishment, a creditor (any person or business who is owed money) can file a lawsuit in court. If they win, the judge presiding over the case grants the creditor a judgment. Once the judgment is granted the creditor is allowed to take up to 25 percent of a person’s paycheck until the debt is satisfied.
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. Chapter 13 is for anyone in Mississippi with income and who want to pay of unsecured and secured debts. Both bankruptcy options come with an automatic stay. The stay requires that creditors stop a wage garnishment, lawsuit or foreclosure (only for chapter 13).
Another option for anyone in Mississippi who wants to stop a wage garnishment is going back to the local court that granted the judgment. The person must file paperwork to receive a hearing to stop the garnishment. In the hearing, he or she has to prove that hardship. In other words, the garnishment is causing the person not to be able to pay for basic necessities such as rent, food and utilities.
Wage garnishment doesn’t mean that a person automatically have money deducted from his or her pay. There are a variety of options based on a person’s financial circumstances. Thus, anyone in Mississippi should contact a lawyer to learn about more options.