• checkcheck in macro image by Alexey Klementiev from Fotolia.com
  
  Having your wages garnished is never a positive experience, even when you know it is going to happen and expect it. When you are hit with a garnishment, whether you are an employer that has been asked to withhold earnings or an employee who is having their pay taken, the first thing you want to know about is what rules apply. Each state has different laws that govern how garnished wages are handled. Like most states, Mississippi has very specific laws that prevent any dispute over how much money can be withheld and when it can be taken.
  
  

How Much Can Be Taken?

• Once a person obtains a court judgment or other means of garnishing your wages, they must notify you and your employer in writing. Notices are typically delivered by an officer of the court, such as a Sheriff's Deputy, who is capable of testifying that the notice was properly delivered.
  
  After you have been served with notice, you will have a period of 30 days as a grace period. None of your wages will be touched during this 30-day period. Following this grace period, up to 25 percent of your earnings can be taken as part of the garnishment, with the remaining 75 percent being paid to you as usual.
  
  

What Does the Employer Do With the Money?

• Under Mississippi law, employers have two options for how they can process the money that is withheld from an employee's pay. They can choose to pay in part, or in full. If an employer chooses to pay in part, each week the money that is withheld from the employee's check will be paid to the court that issued the order to garnish the wages.
  
  If the employer chooses to pay in full, they are allowed to hold the money in their own bank account until such time as the full amount of the judgment has been reached, at which time they will make a bulk payment to the court. If an employer chooses this method, it must be noted that Mississippi requires the payment at least once per year, in the event of a garnishment that takes multiple years to complete.
  
  

What if There are Multiple Garnishments

• Garnishments are processed in the order that they are received. If two different garnishments are served on the same employee, then they will be paid off separately and individually. That is, the first one received by the employer will be paid completely off before any payments are made towards the second one.
  
  It is important to note that child support is not considered a garnishment under Mississippi law. Child support withholdings receive priority status, and do not count towards the 25 percent maximum that applies to garnished wages.