Mississippi Procedural Requirements for Wage Garnishment

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Mississippi Procedural Requirements

On the suggestion in writing by the plaintiff in a judgment or decree in any court upon which an execution may be issued, that any person, either natural or artificial, including the Statutee, any county, municipality, school district, board or other political subdivision thereof, is indebted to the defendant therein, or has effects or property of the defendant in his, her or its possession, or knows of some other person who is indebted to the defendant, or who has effects or property of the defendant in his, her or its possession, it shall be the duty of the clerk of such court to issue a writ of garnishment, directed to the sheriff or proper officer, commanding him to summons such person as garnishee to appear at the term of court to which the writs of garnishment may be returnable, to answer accordingly. Miss. Code Ann. _ 11-35-1.

A writ of garnishment shall be served as a summons is required by law to be executed; but if the garnishee be not personally served, and make default, judgment nisi shall be rendered against him, and a scire facias awarded, returnable to the next term, unless the court be satisfied that the garnishee can be personally served at once, in which case it may be returnable instanter. Miss. Code Ann. _ 11-35-9 [1].

Except for wages, salary or other compensation, all property in the hands of the garnishee belonging to the defendant at the time of the service of the writ of garnishment shall be bound by and subject to the lien of the judgment, decree or attachment on which the writ shall have been issued. Any indebtedness of the garnishee to the defendant, except for wages, salary or other compensation, shall be bound from the time of the service of the writ of garnishment, and be appropriable to the satisfaction of the judgment or decree. Miss. Code Ann. _ 11-35-23.

The garnishee shall be allowed for his attendance, out of the debts or effects in his possession, or against the plaintiff in case there be no debts or effects in his possession, provided he shall put in his answer within the time prescribed by law, the pay and mileage of a juror, and, in exceptional cases rendering it proper, the court may allow the garnishee reasonable compensation additional to the foregoing and to be obtained in the same way. Miss. Code Ann. _ 11-35-61.

Interest Rate at which Judgments Accrue

All judgments or decrees founded on any sale or contract shall bear interest at the same rate as the contract evidencing the debt on which the judgment or decree was rendered. All other judgments or decrees shall bear interest at a per annum rate set by the judge hearing the complaint from a date determined by such judge to be fair but in no event prior to the filing of the complaint. Miss. Code Ann. _ 75177. Applicable Forms Writ of Garnishment, Miss. Code Ann. _ 11-35-5. (Special rules apply to garnishment of judgments against a public officer or employee.)