Jackson Wage Garnishment Attorney in Mississippi

If you don’t find a way to deal with your unpaid debt, the creditor can take 25% of your gross pay or take money directly from your bank account through wage garnishment. A bankruptcy case can protect your paycheck from creditors. Working with Mississippi wage garnishment attorneys of the Rollins Law Firm will not only stop money from being taken out of your paycheck but will also stop any harassing phone calls you may be receiving from additional creditors.

We can help you get your financial life back on track by getting some or all of your debt discharged, depending on what kind of bankruptcy you choose. It is important to note that bankruptcy usually does not eliminate child support, alimony payments, or student loan debt. Child support and alimony payments that are being garnished from your wages are not eligible for removal under bankruptcy.

The sooner you call us, the faster we can prevent you from having a garnished wage. Mississippi judges will stop current garnishment but will not allow you to get back any of the money that is already gone. Help yourself by stopping the painful leeching of your hard work and giving yourself a clean financial slate.

Contact The Rollins Law Firm to learn how our Mississippi bankruptcy attorneys can help you preserve your paycheck.


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What Exactly Is Wage Garnishment?

Wage garnishment is a sort of debt collection in which a creditor takes a percentage of your wage to pay off a past-due debt. Creditors often initiate wage garnishments since they may be paid in cash. Creditors in Mississippi often need a money judgement against you to garnish your earnings. They obtained this judgement by filing a lawsuit against you and bringing you to court. The wage garnishment procedure and the amount that may be garnished are primarily determined by state law.

In Mississippi, who has the authority to garnish my wages?

Creditors, debt collectors, and debt buyers in Mississippi may all seize your wages if they have a valid money judgement against you. Banks, credit card firms, hospitals you owe medical expenses to, retailers who offered you a store credit card, and private loan servicers are all examples of creditors.

The Internal Revenue Service (IRS), which is in charge of collecting federal taxes, as well as federal student loan servicers and parents who owe child support, may garnish your income without a court order. The Mississippi Department of Revenue may garnish your salary to pay state back taxes without a court order. All of these unique loans are subject to unique restrictions.

Are garnishments deducted before or after taxes?

Ordinary garnishments are collected from your net income after mandatory deductions such as Social Security and state and federal taxes. Garnishments on non-tax obligations, such as student loans and government debts, on the other hand, are deducted from your gross income. Both child and spousal support are deducted from your gross income.

Can Your Wages be Taken Without Notice?

The basic answer is no. For your earnings to be garnished, your creditors must first file a lawsuit against you. If you lose the case, a copy of the court order will be provided to your employer. Your employer must then inform you of the garnishment and withhold a percentage of your income to pay your creditor.

Are There Any Limitations to the Garnishment?

Even if a creditor gets a court order garnishing your salary, it cannot take your whole paycheck. To guarantee that you have enough money to live on, Mississippi law restricts wage garnishment to the lesser of 25% of your disposable income or 30 times the federal minimum wage. Disposable earnings are what remains after taxes and other deductions.

It also protects you from instant garnishment. Creditors must wait 30 days after serving you with a garnishment order before taking the permitted percentage of your wage. A strategy to pay off debt and avoid the procedure may be worked up during this period.

Since the law restricts wage garnishment at 25% of your disposable income, if one creditor garnishes 20% of your earnings, another creditor may only garnish 5%.

Can a Credit Card Company Garnish Your Wages?

Yes, but they must first go to court before garnishing pay. In most cases in Mississippi, creditors may only garnish your wages or bank accounts if they obtain a judgement or other court order against you. A judgement is the ultimate decision of a court made at the conclusion of a litigation.

How Can I End a Wage Garnishment On a Credit Card?

In most cases, declaring bankruptcy is the only option to permanently end the garnishment. If the garnishment is for an unsecured obligation, such as a credit card, the debt will be discharged in bankruptcy, and you will no longer be garnished for that amount.

Stop Wage Garnishment

When you get behind on your bills, creditors have the right to sue and have up to 25% of your paycheck sent directly to them to ensure they get paid. This can take a big chunk out of your monthly income, and if it is already hard to make ends meet, this may make it impossible. You can stop this aggressive collecting behavior by filing for bankruptcy. The most important thing is that you act quickly!

Whether you have just found out you will have your wages garnished or it has been going on for a while; when you file for bankruptcy, this puts an automatic stay on all garnishment. This will prevent creditors from taking your hard-earned money away from you while you regroup and figure out how you will deal with your financial situation.

Our Mississippi garnishment attorneys will help you make a plan for your financial future by filing for Chapter 7 or Chapter 13 bankruptcy, depending on your current employment, the amount of property you want to try to keep, and what you can reasonably pay back to your creditors if anything. Your attorney will sit down with you and do a full evaluation of your life so you have a clear picture as we determine what type of bankruptcy can offer you a fresh start.

Unfortunately, we usually cannot get back money that has already been taken from your paycheck on the bankruptcy filing date. The bankruptcy will stop the garnishment in the future. Many of our clients are single parents that cannot afford to feed and shelter their families, with 25% of their income being seized. One of the most rewarding parts of our job is restoring the income that people desperately need to support their families.

Call our Jackson, MS bankruptcy lawyer or send us an email to schedule your free initial consultation today.

With us, you are never alone.

The Rollins Law Firm is committed to providing you with quality bankruptcy service. From the moment you walk into our office, you can rest assured that your needs will be met. We are by your side throughout the bankruptcy process, from filing paperwork to negotiating with creditors.

Learn more about how filing for bankruptcy can help you.

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