How to Stop Garnishment of Wages in Jackson, Mississippi
Wages may be garnished in Mississippi to pay for debts such as student loans, past-due taxes, child support and any other delinquent debts. According to federal law, the maximum amount of money that can be garnished is 25 percent of your disposable income. In most cases, the entity requesting a wage garnishment must provide your employer with a court order to garnish your wages. However, student loan companies may garnish wages without a court order. Your employer must comply with wage garnishment unless you are able to stop the garnishment through voluntary payment arrangements or legal means.
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Instructions
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Payment Arrangements
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Contact the entity issuing the wage garnishment directly to discuss voluntary repayment options. They may be willing to negotiate repayment terms with you.
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Agree to a reasonable payment plan if one can be worked out.
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Make a payment toward your debt and make arrangements for future payments.
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Pay the debt regularly to avoid a future wage garnishment order.
Request a Hearing
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Request a hearing if you want to contest a garnishment. The wage garnishment orders will specify what courts system is dealing with your case. If you owe a corporation in the Jackson, Mississippi area, you may be able to request a hearing with the Hinds Circuit County courts in Jackson (see Resources), but more than likely you will be dealing with an out-of-town court system located wherever the business garnishing you is located. If you are dealing with a student loan company, you will need to complete the Request a Hearing form (see Resources) and return it promptly.
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Attach income documentation to your Request for Hearing form prior to mailing the form.
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Attend the wage garnishment hearing either in person or by phone. If local, plan to attend in person if at all possible.
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Explain your situation in detail during the hearing.
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Make a payment arrangement before the close of the hearing if a hardship is not granted.
Bankruptcy
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Schedule an appointment with a bankruptcy attorney. To find an attorney, visit the Mississippi Bar Association page and search for lawyers in Jackson or Hinds County (see Resources). Make sure you find a licensed lawyer. The attorney directory will indicate when the attorney was admitted to the Mississippi Bar, and whether or not they are currently active. A Chapter 7 Bankruptcy will discharge most debts and a Chapter 13 will require you to pay a percentage of your debts during a three- to five-year repayment period. Once a bankruptcy petition is filed, all wage garnishments must cease. A Chapter 7 will permanently stop most current wage garnishments. Student loan garnishments will start up again after the case is close. However, a Chapter 13 will stop student loan garnishments for the duration of the repayment plan.
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Hire the lawyer to prepare a bankruptcy petition.
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Provide all financial documentation and wage garnishment orders to your lawyer.
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Attend the 341 Meeting of the Creditors to confirm your bankruptcy filing.
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Make all required monthly payments, if you filed a Chapter 13.
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