How to Serve a Writ of Garnishment or Bank Levy in Mississippi (Miss. Code Ann. § 11-35-1)

Unlike states that restrict all garnishment service to county sheriffs, Mississippi Code Annotated § 11-35-9 explicitly integrates garnishment service with the Mississippi Rules of Civil Procedure:

Under § 11-35-9, a writ of garnishment issued out of Circuit, Chancery, or County Court may be served by any person authorized to serve a summons under MRCP Rule 4(c)(1) (any non-party adult 18 or older), and must be served upon the garnishee (the employer or financial institution) in accordance with Rule 4(d).

Using a private process server to serve a bank levy on a financial institution’s registered agent (such as CT Corp in Flowood or CSC in Madison) or local bank branch manager ensures that the debtor’s bank accounts are frozen within hours of writ issuance before funds can be withdrawn.

Every creditor, payroll department, and collections attorney operating in Mississippi must know the unique statutory exemption built into Miss. Code Ann. § 85-3-4(2)(a):

Under § 85-3-4(2)(a), after a Writ of Garnishment is served on an employer for ordinary civil debt, 100% of the employee’s wages, salaries, or other compensation are EXEMPT from seizure for the first thirty (30) days after service of the writ!

Only after that initial 30-day grace period expires does the employer begin withholding the non-exempt portion of the employee’s disposable earnings (capped at the lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage). Once withholding starts after Day 30, the writ acts as a continuing lien on the debtor’s wages until the judgment is satisfied in full.

Note that the 30-day grace period in § 85-3-4 applies ONLY to wages/salaries for personal services—it does NOT apply to a bank account garnishment! When a Writ of Garnishment is served on a bank, credit union, or third party holding money or effects of the judgment debtor, the lien attaches immediately upon service under Miss. Code Ann. § 11-35-23.

Under Miss. Code Ann. § 11-35-25, the garnishee must file a sworn written Answer with the issuing court within thirty (30) days after service of the writ (in Circuit, Chancery, or County Court, pursuant to MRCP deadlines) stating whether it is indebted to the defendant or holds any property of the defendant.

Consequence of Failing to Answer (Miss. Code Ann. § 11-35-31): If a properly served garnishee fails to file a timely Answer, the court SHALL enter a judgment nisi / default judgment against the garnishee itself for the full amount of the plaintiff’s demand (subject to the garnishee’s right to move to suspend execution within strict statutory windows).