Mississippi Code

Miss. Code Ann. § 85-3-4 (2026)

Execution or attachment of wages, salaries or other compensation; limitations

✓ current as of July 2026

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(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, United States Code Annotated) 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, United States Code Annotated) 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 do not apply in the case 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 (b)(iii) of this subsection (3), 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 (b)(i) of this subsection (3), 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 (b)(i) of this subsection (3) shall be deemed to be fifty-five percent (55%) and the sixty percent (60%) specified in subparagraph (b)(ii) of this subsection (3) 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.

Laws, 1980, ch. 540, § 2; Laws, 1981, ch. 469, § 4, eff. 4/7/1981.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1988–2025 · leading case: Reasor v. Jordan, 110 So. 3d 307 (Miss. 2013).

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Reasor v. Jordan, 110 So. 3d 307 (Miss. 2013). · cites it 8× “In pertinent part, Section 85-3-4 limits most garnishments to twenty-five percent of disposable income.”

Haynes v. First United Bank, 133 B.R. 783 (N.D. Miss. 1991). · cites it 9× “00) in value, which shall be selected by the debtor; provided, however, this paragraph shall not apply to distress warrants issued for collection of taxes due the state or to wages described in Section 85-3-4. Miss.Code Ann. Section 85-3-4 states in relevant part: (1) The wages,…”

Barkley v. Tower Loan of Mississippi, Inc. (In Re Kennedy), 139 B.R. 389 (Bankr. N.D. Miss. 1992). · cites it 2× “00) in value, which shall be selected by the debtor; provided, however, this paragraph shall not apply to distress warrants issued for collection of taxes due the state or to wages described in Section 85-3-4. (b)(i) The proceeds of insurance on property, real and personal,…”

Taylor v. Mississippi Learning Inst. (In Re Taylor), 151 B.R. 772 (Bankr. N.D. Miss. 1993). “Because of the Supremacy Clause found in Article VI, Section 2, of the U.S. Constitution, the statutory language of § 11-35-23(3) must yield to the unequivocal language set forth in § 547(e)(3).”

Wayne Lee's Grocery & Mkt., Inc. v. Bay St. Louis, Mississippi Com. Props. Dev. Corp., 580 So. 2d 1295 (Miss. 1991). · cites it 6× “Miss.Code Ann. § 85-3-4. Section 11-35-24 provides that an employee generally must honor multiple garnishments in the order received.”

In Re Eiland, 95 B.R. 41 (Bankr. N.D. Miss. 1988). · cites it 2× “00) in value, which shall be selected by the debtor; provided, however, this paragraph shall not apply to distress warrants issued for collection of taxes due the state or to wages described in Section 85-3-4. (b)(i) The proceeds of insurance on property, real and personal,…”

Nicole A. Cole (Bankr. N.D. Miss. 2025). · cites it 19× “found in Miss. Code Ann. § 85-3-4 exempts litigation settlement proceeds in a bankruptcy case not involving a garnishment.”

Mem'l Hosp. at Gulfport v. Franzke, 634 So. 2d 117 (Miss. 1994). “Franzke made a disposition of her property within the meaning of § 85-3-4,9 of the Miss.Code Ann. of 1972, as amended.”

Haynes v. First United Bank of Mississippi (In re Haynes), 95 B.R. 44 (Bankr. N.D. Miss. 1988). · cites it 9× “00) in value, which shall be selected by the debtor; provided, however, this paragraph shall not apply to distress warrants issued for collection of taxes due the state or to wages described in Section 85-3-4. (emphasis added) The debtor has further claimed that the…”

Frankie L. Reasor v. Rose M. Johnson Jordan (Miss. 2011). · cites it 22× “10 Miss. Code Ann. § 85-3-4 (2)(a)(i) (Rev. 2011).”

Bryan Peter Fernandes (Bankr. N.D. Miss. 2019). · cites it 2× “5 State law provides that tax refund proceeds 2 In his original Schedule C, the Debtor claimed an exemption in the checking account under Miss. Code Ann. § 85-3-4 . (Dkt. # 1). The Trustee objected, arguing that Miss.”

— Miss. Code Ann. § 85-3-4(1) — 1 case

Nicole A. Cole (Bankr. N.D. Miss. 2025). “found in Miss. Code Ann. § 85-3-4 exempts litigation settlement proceeds in a bankruptcy case not involving a garnishment.”

— Miss. Code Ann. § 85-3-4(2) — 1 case

Nicole A. Cole (Bankr. N.D. Miss. 2025). “found in Miss. Code Ann. § 85-3-4 exempts litigation settlement proceeds in a bankruptcy case not involving a garnishment.”

— Miss. Code Ann. § 85-3-4(2)(a) — 2 cases

Reasor v. Jordan, 110 So. 3d 307 (Miss. 2013). “In pertinent part, Section 85-3-4 limits most garnishments to twenty-five percent of disposable income.”

Frankie L. Reasor v. Rose M. Johnson Jordan (Miss. 2011). “10 Miss. Code Ann. § 85-3-4 (2)(a)(i) (Rev. 2011).”

— Miss. Code Ann. § 85-3-4(3)(a)(i) — 2 cases

Reasor v. Jordan, 110 So. 3d 307 (Miss. 2013). “In pertinent part, Section 85-3-4 limits most garnishments to twenty-five percent of disposable income.”

Frankie L. Reasor v. Rose M. Johnson Jordan (Miss. 2011). “10 Miss. Code Ann. § 85-3-4 (2)(a)(i) (Rev. 2011).”

— Miss. Code Ann. § 85-3-4(3)(b) — 1 case

Frankie L. Reasor v. Rose M. Johnson Jordan (Miss. 2011). “10 Miss. Code Ann. § 85-3-4 (2)(a)(i) (Rev. 2011).”

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