MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Business and Financial Institutions
By: Senator(s) Bryan
AN ACT TO AMEND SECTION 85-3-4, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE TO COMPLY WITH THE FEDERAL ANTI-GARNISHMENT ACT, WHICH ALLOWS GARNISHMENT OF TWENTY-FIVE PERCENT OF TOTAL PAY OR AN AMOUNT THIRTY TIMES MINIMUM WAGE, WHICHEVER IS LESS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 85-3-4, Mississippi Code of 1972, is amended as follows:
85-3-4. (1) 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.
(2) After the passage of the period of thirty (30) days described in subsection (1) of this section, the maximum part of the aggregate disposable earnings (as defined by Section 1672(b) of Title 15, USCS) of an individual that may be levied by attachment, execution or garnishment shall be:
(a) In the case of earnings
for any workweek, the lesser amount of either * * *:
(i) Twenty-five percent (25%) of his disposable earnings for that week, or
(ii) The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage (prescribed by Section 206 (a)(1) of Title 29, USCS) in effect at the time the earnings are payable; or
(b) In the case of earnings for any period other than a week, the amount by which his disposable earnings exceed the following "multiple" of the federal minimum hourly wage which is equivalent in effect to that set forth in paragraph (a)(ii) of this subsection (2): The number of workweeks, or fractions thereof multiplied by thirty (30) multiplied by the applicable federal minimum wage.
(3) (a) The restrictions
of subsections (1) and (2) of this section * * * also apply in * * * cases of:
(i) Any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by state law, which affords substantial due process, and which is subject to judicial review.
(ii) Any debt due for any state or local tax.
(b) Except as provided
in subparagraph * * * (iii) of this * * * paragraph (b), the
maximum part of the aggregate disposable earnings of an individual for any
workweek which is subject to garnishment to enforce any order for the support
of any person shall not exceed:
(i) Where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), fifty percent (50%) of such individual's disposable earnings for that week; and
(ii) Where such
individual is not supporting such a spouse or dependent child described in subparagraph * * * (i) of this * * *
paragraph (b), sixty percent (60%) of such individual's disposable
earnings for that week;
(iii) With respect
to the disposable earnings of any individual for that workweek, the fifty
percent (50%) specified in subparagraph * * * (i) of
this * * * paragraph (b) shall be
deemed to be fifty-five percent (55%) and the sixty percent (60%) specified in subparagraph * * * (ii) of this * * *
paragraph (b) shall be deemed to be sixty-five percent (65%), if and to
the extent that such earnings are subject to garnishment to enforce a support
order with respect to a period which is prior to the period of twelve (12)
weeks which ends with the beginning of such workweek.
Section 2. This act shall take effect and be in force from and after June 30, 2023.