Wage Garnishment Limits in Mississippi

Short answer Mississippi exempts wages from garnishment for 30 days after service of the writ. After that, an ordinary creditor is limited to the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum hourly wage. Child-support garnishments have first priority over other garnishments and use separate percentage limits; federal law bars discharge because of garnishment for one debt (Miss. Code §§ 85-3-4, 11-35-24; 15 U.S.C. § 1674).
State
Mississippi
Statute checked
October 7, 2026
Sources
9 statutes

At a glance

Governing lawWage garnishment cap and 30-day grace period, Miss. Code § 85-3-4; multiple-garnishment priority, § 11-35-24; garnishment procedure chapter, §§ 11-35-1 et seq.
Maximum that can be garnishedAfter an initial 30-day period in which wages are fully exempt from the date of service (§ 85-3-4(1)), the lesser of 25% of disposable earnings or the amount by which earnings exceed 30x the federal minimum hourly wage (§ 85-3-4(2)) — the plain federal formula, restated directly in Mississippi's own statute
State rule vs. federal floorSection 85-3-4(2) uses the same 25%/30-times formula as 15 U.S.C. § 1673(a); § 85-3-4(1) separately exempts wages for 30 days after service
Minimum-wage protected floor30 times the federal minimum hourly wage, currently $217.50 a week at $7.25 an hour (Miss. Code § 85-3-4(2)(a)(ii); 29 U.S.C. § 206(a)(1)(C))
Support, tax & student loan debtsSupport orders and state or local tax debt fall entirely outside the ordinary cap and the 30-day grace period (§ 85-3-4(3)(a)); support garnishments instead follow the federal support tiers — 50% (55% with 12+ weeks of arrears) if supporting another spouse or child, 60% (65% with arrears) if not
Head-of-household/family exemptionSection 85-3-4 states no separate head-of-household wage tier; § 85-3-1(a)'s $10,000 tangible-property exemption addresses listed property, not a distinct wage percentage
Multiple garnishments at onceFirst-in-time, with two refinements: a garnishee served with more than one garnishment on the same employee satisfies them in the order served; if two arrive the same day, the smaller amount is paid first; a child-support garnishment always has first priority regardless of when it arrived or whether an earlier garnishment is already in effect (Miss. Code § 11-35-24)
Protection from being firedFederal law bars discharge because of garnishment for one indebtedness (15 U.S.C. § 1674(a)); Mississippi also bars discharge, discipline, and refusal to hire because of a child-support withholding duty, with a fine of up to $50 (Miss. Code §§ 93-11-111(9), 93-11-117(2))

Requirements one by one

Governing law

Mississippi's wage-garnishment cap and its distinctive 30-day grace period both live in one section, Miss. Code § 85-3-4. The procedural garnishment chapter begins at § 11-35-1 and includes its own rule for resolving competing garnishments at § 11-35-24.

Maximum garnishment amount

For the first 30 days after a writ of attachment, execution, or garnishment is served, wages can't be touched at all (§ 85-3-4(1)). After that, the maximum that can be withheld is the lesser of 25% of disposable earnings or the amount by which earnings exceed 30 times the federal minimum hourly wage (§ 85-3-4(2)) — the same formula federal law sets, simply written into Mississippi's own code.

Federal floor comparison

Mississippi's § 85-3-4(2) and 15 U.S.C. § 1673(a) use the same 25% and 30-times calculations. Section 85-3-4(1) adds an exemption from seizure for 30 days after service of a writ; the federal calculation alone does not state that waiting period.

Minimum wage protection floor

Section 85-3-4(2)(a)(ii) says "thirty (30) times the federal minimum hourly wage." At the $7.25 rate in 29 U.S.C. § 206(a)(1)(C), that is $217.50 for a workweek. The statute also provides a calculation for pay periods other than a week in § 85-3-4(2)(b).

Priority debt exceptions

Court-ordered support and state or local tax debt are excluded from both the ordinary percentage cap and the 30-day grace period entirely (§ 85-3-4(3)(a)). Support garnishments instead follow the percentage tiers in § 85-3-4(3)(b): up to 50% of disposable earnings if the debtor is supporting another spouse or child (55% if arrears are 12+ weeks old), or up to 60% if not (65% with old arrears).

Head-of-household exemption

Section 85-3-4 does not state a separate wage percentage for a household head. The $10,000 limit in § 85-3-1(a) applies to listed tangible personal property, including household goods, vehicles, and tools of the trade.

Multiple garnishments priority

Mississippi uses first-in-time priority with two refinements. A garnishee served with more than one garnishment against the same employee must satisfy them in the order served; if two writs arrive the same day, the smaller amount is paid first. Child support always wins regardless: a court-ordered child-support garnishment has first priority even over an earlier ordinary garnishment already in effect (§ 11-35-24).

Employee termination protection

The federal rule bars discharge because of garnishment for one indebtedness (15 U.S.C. § 1674(a)). Mississippi also bars a payor from discharging, disciplining, or refusing to hire someone because of a child-support income-withholding duty, backed by a court fine of up to $50 (§§ 93-11-111(9), 93-11-117(2)).

What trips people up

The 30-day period runs from service of the writ, not the date of the judgment or the first paycheck after service (§ 85-3-4(1)). For several writs against one employee, § 11-35-24 makes the service order matter, subject to the child-support priority and same-day smaller-writ rule.

Common questions

If my wages are garnished in Mississippi, when does the withholding actually start? Section 85-3-4(1) exempts wages from seizure for 30 days from service of the writ. The ordinary percentage limit in subsection (2) applies after that period.

Does the formula work for a pay period longer than one week? Yes. Section 85-3-4(2)(b) directs an equivalent multiple of the federal minimum wage based on the number of workweeks or fractions in that period.

Does an employer face a state penalty for firing someone over child-support withholding? Section 93-11-117(2) authorizes a court fine of up to $50 after notice and hearing for conduct prohibited by § 93-11-111(9).

Statutes and sources

  • Miss. Code § 85-3-4: "The wages, salaries or other compensation of laborers or employees, residents of this state, shall be exempt from seizure under attachment, execution or garnishment for a period of thirty (30) days from the date of service of any writ of attachment, execution or garnishment." https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.85.html#t85c03s85-3-4 (accessed 2026-10-07)
  • Miss. Code § 11-35-24: "However, in every case, garnishments issued pursuant to court ordered child support shall have first priority, even if previous garnishments are in effect or pending." https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.11.html#t11c35s11-35-24 (accessed 2026-10-07)
  • Miss. Code § 93-11-111(9): "No payor shall discharge, discipline, refuse to hire or otherwise penalize any obligor because of the duty to withhold income." https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.93.html#t93c11s93-11-111 (accessed 2026-10-07)
  • Miss. Code § 93-11-117(2): "the court, upon due notice and hearing, shall fine the payor in an amount not to exceed Fifty Dollars ($50.00)." https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.93.html#t93c11s93-11-117 (accessed 2026-10-07)
  • Miss. Code § 85-3-1(a): "Tangible personal property of the following kinds selected by the debtor, not exceeding Ten Thousand Dollars ($10,000.00) in cumulative value" https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.85.html#t85c03s85-3-1 (accessed 2026-10-07)
  • 15 U.S.C. § 1673(a): "(1) 25 per centum of his disposable earnings for that week, or" https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-07)
  • 15 U.S.C. § 1674(a): "No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness." https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm (accessed 2026-10-07)
  • 29 U.S.C. § 206(a)(1)(C): "$7.25 an hour, beginning 24 months after that 60th day;" https://www.govinfo.gov/content/pkg/USCODE-2024-title29/html/USCODE-2024-title29-chap8-sec206.htm (accessed 2026-10-07)
  • Miss. Code § 11-35-1: "it shall be the duty of the clerk of such court to issue a writ of garnishment" https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.11.html#t11c35s11-35-1 (accessed 2026-10-07)

Source links

Every statute quoted above, linked, with the date we checked it.

Miss. Code § 85-3-4 · accessed 2026-10-07
Miss. Code § 11-35-24 · accessed 2026-10-07
Miss. Code § 93-11-111(9) · accessed 2026-10-07
Miss. Code § 93-11-117(2) · accessed 2026-10-07
Miss. Code § 85-3-1(a) · accessed 2026-10-07
15 U.S.C. § 1673 · accessed 2026-10-07
15 U.S.C. § 1674 · accessed 2026-10-07
29 U.S.C. § 206(a)(1)(C) · accessed 2026-10-07
Miss. Code § 11-35-1 · accessed 2026-10-07
This page is general legal information about how a state limits ordinary wage garnishment, not legal advice about your paycheck or your debt. Which cap applies, whether you qualify for a head-of-household or other exemption, and how multiple garnishments interact often depend on case-specific facts (your dependents, your pay structure, what other orders already exist) that this page cannot resolve for you. Verified against the official statute text on the date shown; confirm current law or consult a licensed attorney in the state before relying on it.

What does Mississippi law mean for your facts?

You just read the general rule. Ask your own question and see which parts of current Mississippi law apply to your situation, with citations you can check.

Opens in Ezel Pro.

  • Starts from the statutes this survey is built on
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace