In most cases, creditors must take you to court and get a court order called a judgment before they can garnish your wages and bank account. State tax, IRS, Federal Student Loans and some other government agencies can garnish without a court order. Paycheck garnishment is limited to 25% of your wage but the full amount can be taken from your bank account. Social Security and other government benefits are fully protected IF that is the only money deposited into the bank account.
Employers must hold a garnishment for 30 days before they deduct any money from your paycheck. The problem is that many employers will not tell the employee that they have received a garnishment order (writ of garnishment). They should tell you, but they are not required to tell you, only to hold off for 30 days.
There are only 2 ways to stop a garnishment in Mississippi. You either attack the lawsuit or you file bankruptcy. For what you would spend attacking the lawsuit, you could more than likely spend (even possibly less) to file bankruptcy and take care of ALL your debt issues.
If you have been sued, deal with it right away. Consult with an experienced bankruptcy attorney to get the information you need to decide which way works best for you. They can defend you in the lawsuit or they can represent you in bankruptcy. Every situation is unique.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.