Mississippi Wage Garnishment Laws: How Much Can They Take?

In Mississippi, an ordinary creditor that has won a court judgment against you can garnish the lesser of 25% of your disposable weekly earnings or the amount by which your disposable earnings exceed 30 times the federal minimum wage (currently $7.25 per hour, making that protected floor $217.50 per week as of 2026). This tracks the federal cap under the Consumer Credit Protection Act, so Mississippi does not give wage earners more protection than the federal baseline for the size of the garnishment. But Mississippi adds a distinctive rule that most states do not have: under Mississippi Code Section 85-3-4, your wages are completely exempt from a given garnishment writ for the first 30 days after the writ is served. Only after that 30-day grace period passes can the creditor begin taking the 25% share.

The Mississippi Rule in Plain Terms

Mississippi did not opt to protect more than the federal minimum the way a handful of states do (Texas, Pennsylvania, North Carolina and South Carolina, for example, bar most wage garnishment for ordinary consumer debts entirely). Mississippi allows garnishment for ordinary debts, but caps it and front-loads a grace period.

The mechanics work in two stages:

• The first 30 days: For 30 days from the date the garnishment writ is served on your employer, all of your wages, salary, or other compensation are exempt from that writ. Your employer should not withhold anything during this window.
• After 30 days: The creditor may take the lesser of (1) 25% of your disposable earnings for that week, or (2) the amount your disposable weekly earnings exceed 30 times the federal minimum hourly wage. Whichever number is smaller is the most that can be taken.

"Disposable earnings" means what is left after legally required deductions such as federal and state income tax, Social Security, and Medicare. It is not your gross pay, and it is not your take-home pay after voluntary deductions like a 401(k) contribution or health insurance you elected. Because the cap is calculated on disposable earnings, the actual dollar amount withheld is usually less than 25% of your gross paycheck.

How the Math Works

Suppose your disposable earnings are $600 for a week. The 25% figure is $150. The amount exceeding 30 times the federal minimum wage is $600 minus $217.50, which is $382.50. The creditor takes the lesser of the two, so $150 is withheld.

Now suppose your disposable earnings are only $250 for the week. The 25% figure is $62.50. The amount over $217.50 is just $32.50. The creditor may take only $32.50. And if your disposable earnings are $217.50 or less in a week, nothing can be garnished by an ordinary creditor at all, because you are below the protected floor.

Mississippi has no separate state minimum wage, so the federal $7.25 rate controls this calculation. Congress can change the federal minimum wage, which would change the $217.50 floor. Confirm the current federal minimum wage with the U.S. Department of Labor before relying on a specific figure.

Debts That Break the Normal Cap

The 25% cap and the 30-day grace period apply to ordinary creditors, such as credit card companies, medical debt, and personal loans. Several categories are treated differently and can reach much more of your pay:

• Child support and alimony: Under federal law, support orders can reach up to 50% of disposable earnings if you support another spouse or child, and up to 60% if you do not, plus an additional 5% for support more than 12 weeks in arrears. Mississippi enforces support through income withholding orders.
• Unpaid federal and state taxes: The IRS and the Mississippi Department of Revenue can levy wages under their own rules, which are not limited to the 25% consumer cap.
• Federal student loans: The U.S. Department of Education can administratively garnish up to 15% of disposable pay without first suing you in court.

What Income Is Exempt

Beyond the wage cap, certain types of income are protected from garnishment in Mississippi regardless of the 25% rule, including:

• Social Security and Supplemental Security Income (SSI) benefits
• Unemployment compensation benefits
• Workers' compensation benefits
• Most public assistance and welfare benefits
• Many private and public pension and retirement benefits
• Veterans' benefits and certain disability payments

These exemptions matter most when the money lands in your bank account, because a creditor may try to levy the account separately from your wages. Federal law requires banks to automatically protect a base amount of directly deposited Social Security and certain other federal benefits, but commingling exempt funds with other money can complicate the protection. Keep records showing the source of deposited funds.

How to Claim Your Exemption

Wage protections are not always applied automatically, and mistakes happen, so you may need to assert your rights:

• Watch for the notice. A creditor cannot garnish ordinary wages until it has sued you, won a judgment, and obtained a garnishment writ. You should receive notice of the suit. Do not ignore a summons; failing to respond is how most default judgments and garnishments happen.
• Verify the 30-day grace period was honored. Check your pay stubs. If your employer withheld money within 30 days of the writ being served, that may be improper.
• File a claim of exemption. If exempt income such as Social Security or unemployment is being taken, or the amount exceeds the legal cap, file a written claim of exemption or a motion to quash with the court that issued the writ. Act quickly, because deadlines are short.
• Request a hearing. Mississippi courts allow you to contest a garnishment. Bring documentation of your income sources and your disposable earnings calculation.

Where to Verify and Get Help

The controlling statute is Mississippi Code Section 85-3-4, and the federal baseline is Title III of the Consumer Credit Protection Act, enforced by the U.S. Department of Labor's Wage and Hour Division. For consumer questions and complaints about abusive collection practices, contact the Mississippi Attorney General's Consumer Protection Division, which handles consumer complaints under state law. The federal Fair Debt Collection Practices Act (FDCPA) also limits what third-party collectors can do while pursuing you. Because garnishment deadlines are short and the calculations are fact-specific, consider consulting a Mississippi-licensed attorney or a local legal aid office, especially if exempt income is at risk.

This article is general information, not legal advice. Statutes and dollar figures change, so confirm current rules with the official sources named above before you act.

Official Mississippi Sources

This page is based on Mississippi law. Limits and deadlines change — verify the current details directly with the official Mississippi sources below. This is general legal information, not legal advice.

• Mississippi Attorney General — Consumer Protection Division — official Mississippi agency.
• Mississippi Attorney General Consumer Complaint Form

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Mississippi’s own rules.