Garnishment; requires the state to comply with federal Anti-Garnishment act amount limitations.
If enacted, SB2400 will modify the existing garnishment laws in Mississippi, particularly regarding the exemptions of wages from garnishment. The bill establishes a thirty-day exemption period during which employee wages cannot be garnished after a writ of garnishment is served. Once this period has passed, the bill limits the maximum amount of disposable earnings that can be garnished, which addresses the concern raised by many advocates about the financial vulnerability of employees facing garnishments. As a result, it provides a more standardized and fair approach to wage garnishment, directly impacting various employees statewide.
Senate Bill 2400 aims to amend Section 85-3-4 of the Mississippi Code of 1972 to align state law with the federal Anti-Garnishment Act. The bill stipulates that garnishment of wages, salaries, or other compensation for laborers and employees in Mississippi is to comply with specific federal limitations. These limitations allow for garnishment of up to twenty-five percent of total pay or an amount equivalent to thirty times the federal minimum wage, whichever is less. The bill mandates that these adjustments will enhance worker protections against excessive garnishments while giving clarity on the deductions allowable under state law.
The reception of SB2400 is expected to be mixed, with supporters likely arguing that it helps workers retain a more significant portion of their earnings and protects them from aggressive garnishment practices. Critics, however, might assert that the changes could hinder the ability of creditors to collect debts effectively, potentially complicating the financial landscape in the state. The potential amendments to the local garnishment laws may also ignite discussions around the adequacy of the support orders and tax-related exemptions that coexist with these new federal guidelines, prompting further legislative scrutiny.