Legal Question in Credit and Debt Law in Mississippi

I have a car that I want to return to the dealership. I was told that I would have to pay the difference for what the dealership makes off the car once it is auctioned and the legal fees. I am fine with that but I was also told that my check/wages would be garnished for 10 years. Is this possible? I thought your wages cannot be garnished until all legal options have been exhausted.


Asked on 6/15/10, 4:39 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

YOUR CHECK CAN ONLY BE GARNISHED TO THE EXTENT THAT THERE IS A JUDGMENT AGAINST YOU AND TO THE EXTENT THAT YOUR WAGES EXCEED THE SUM WHICH IS THIRTY (30) TIMES THE MINIMUM WAGE AMOUNT. AT THAT THE CREDITOR CAN ONLY TAKE 25% OF THE PAYCHECK. IT CAN TAKE LESS IF YOU MAKE MINIMUM WAGE. YOU HAVE TO BE ABLE TO WALK AWAY WITH AT LEAST 30 X MINIMUM WAGE POST SEIZURE OF THE FUNDS OR THE GARNISHMENT IS ILLEGAL. FURTHER, YOU CAN AVOID THE GARNISHMENT IN THE ENTIRETY BY FILING BANKRUPTCY IN ALL LIKELIHOOD. CONTACT A LOCAL BANKRUPTCY ATTORNEY AT ONCE TO DISCUSS ALL ASPECTS OF YOUR PROBLEM.

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Answered on 6/16/10, 7:27 pm


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